^^^'^m^ A 







Class JJjai_l9 



Book. 



-JJ. 



Laws of Indiana 



RELATING TO THE 



Public School System 



Prepared Under the Direction of 

HORACE ELLIS 

State Superintendent of Public Instruction 



By 

BENJAMIN J. BURRIS 

Assistant 



FORT WAYNE PRINTING COMPANY 
CONTRACTORS FOR STATE PRINTING AND BINDING 

1917 



D» of D* • 

DEC r mi 



!— «W 



It 



EXPLANATORY PREFACE. 

This compilation contains the general laws of the State of Indiana of 
practical use and application, relating to the public schools, the higher in- 
stitutions of learning, and the public libraries and other intimately af&liated 
institutions. The Revision of 1914 of Bu-ns' Annotated Indiana Statutes 
has been used as the basis for the compilation, and this revision has been 
supplemented by the school laws enacted at the sessions oi the General 
Assembly held in 1915 and 1917. 

The laws embodied in this collection have been arranged by subjects and 
numbered by compiler's sections in consecutive order. The first number 
given in bold face type is the compiler's section number; then follows the 
general descriptive title of the section, and this is succeeded by the mimber 
of the section as assigned in the session laws. At the close of each section is 
given the citation to the corresponding section in Burns' Annotated Statutes 
of 1914. Following the sections will be foind annotations in smaller type 
giving the substance of the decisions of the Si^preme and Appellate Courts, 
the Attorney-General and the construction which the State Department of 
Bdi^ cation has placed upon the section. 

The Department of Public Jnstriietion begs to acknowledge its obligation 
to the many general soi'rces of information, and particularly to Honorable 
Charles Kettleboro<'gh whose splendid co-operation made the task both enjoy- 
able and easy. 

Benjamin J. Burris, 

Assistant Superintendent of Public Instruction. 



(3) 



COUNTY SUPERINTENDENTS OF INDIANA. 

Elected June 4, 1917. Term Expires 1921. 




*Adanis 

*AUen 

*Barth.olomew 

Benton 

*Blaekford.... 
*Boone 

Brown 

CarroU 

Cass 

*Clark 

*Clay 

Clinton 

Crawford. . . . 

Daviess 

*Dearborn. . . . 

Decatur 

Dekalb 

*Delaware . . . . 

Dubois 

*Elkhart 

1< ayette 

*Floyd 

Fountain . . . . 

Franklin 

Fulton 

Gibson 

*Grant 

Greene 

*Hamilton. . . . 

*Hancock 

*Harrison 

*Hendrieks . . . 

*Henry 

*Howard 

*Huntington. . 

Jackson 

Jasper 

* Jay 

Jefferson 

* Jennings 

*Johnson 

*Knox 

*Kosciusko. . . 

Lagrange. . . . 
*Lake 



E. S. Christen 

D. 0. McComb 

Samuel Sharo 

M. F. O'Rear 

M. Clifford Townsend.. 

Edgar M. Servies 

Grover G. Brown 

T. W. Armstrong 

J. E. Ludders 

Samael L. Scott 

Willis E. Akre 

M. D. Boulden 

H. W. Toney 

J. E. Gilley 

George C. Cole 

James R. Crawley 

F. M. Merica 

Ernest J. Black 

Robert E. Eekert 

A. E. Weaver 

E. Earl Lines 

Glenn V. Scott 

Guy A. Waldrip 

James A. Fisher 

Thomas F . Berry 

Leland S. Cunningham. 

Charles H. Terrell 

Walter T. Brown 

Walter M. Harger 

George J. Richman .... 

Arville O. Deweese 

Theo. T. Martin 

Harry B. Roberts 

Albert F. Hutson 

Clifford Funderburg. . . 
Harry B. Henderson. . . 
Morgan L. Sterrett .... 
William R. Armstrong . . 

W. Guy Perder 

Sheperd M. Whitcomb 

W. J. Yount 

Edgar N. Haskins 

Jesse Bruner 

Arthur B. Cookerly. . . . 
Frank F. Heigh way 

(5) 



Decatur. 

Fort Wayne. 

Columbus. 

Fowler. 

Hartford City. 

Lebanon. 

Nashville. 

Delphi. 

Logans port. 

JeffersouviUe 

Brazil. 

Frankfort. 

English. 

Washington, 

Lawrenceburg. 

Greensburg. 

Auburn. 

Muueie. 

Jasper. 

Goshen. 

Connersville. 

New Albany. 

Covington. 

BrookviUe. 

Rochester. 

Princeton. 

Marion. 

Bloomfield. 

Noblesville. 

Greenfield. 

Corydon. 

Danville. 

Newcastle. 

Kokomo. 

Huntington. 

Brownstown . 

Rensselaer. 

Portland. 

Madison. 

Vernon. 

Franklin. 

Vincennes. 

Warsaw. 

Lagrange. 

Crown Point. 



6 SCHOOL LAWS OF INDIANA 

COUNTY SUPERINTENDENTS OF INDIANA— Continued. 



County. 



Name. 



Address. 



*Laporte 

La-wrence. . . . 

*Madison 

*Marion 

Marshall . . . . 
♦Martin 

Miami 

*Monroe 

♦Montgomery 

Morgan . . . . , 
*Newton 

Noble 

Ohio 

Orange 

*Owen 

*Parke ....... 

*Perry 

Pike 

*Porter 

*Posey 

Pulaski 

*Putnam 

Randolph. . . . 

Ripley 

Rush 

*Scott 

Shelby 

Spencer 

Starke 

St. Joseph . . . 

Steuben 

*Sullivan 

Switzerland. . 

Tippecanoe . . 

Tipton 

*Union 

♦Vanderburgh 
♦Vermillion . . . 

♦Vigo 

♦Wabash 

♦Warren 

Warrick 

♦Washington. 

♦Wayne 

♦WeUs 

♦White 

♦Whitley 

♦Re-elected. 



Fred R. Famam 

William C. Roberts. . 

James W. Frazier 

Lee E. Swails 

Floyd M. Annis 

Charles O. Williams. . 
Dorph H. Brown. ... 
WiUiam H. Jones. ... 

Karl C. James 

Lems WiUiams 

WUliam 0. Schanlaub 

Guy R. Hall 

John L. Wessler 

Jesse M. Trinkle .... 

Albert Free 

JohnH. JoUief 

Lee B. Mullen 

Howard Brenton 

Fred H. Cole 

G. E. Behrens 

W. E. Tennell 

L. G. Wright 

Lee L. Driver 

Chas. R. Hertenstein. 
Chester M. George. . . 
WiUiam S. Griffith. . . . 

WiUiam Ever son 

Joseph W. Strassell. . , 

J. Allen Barr 

Ralph Longfield 

H. Lyle Shank 

Richard Park 

Ernest Danglade 

C. V. Peterson 

Elmer L. Mitchell 

Charles C. Abernathy 

K. W. Hemmer 

R. H. Valentine 

James M. Probst. . . . 

A. B. Oswalt 

Harry Evans 

Ivor J. Robinson .... 

Orra Hopper , 

Charles 0. Williams. . 
Arthur R. Huyette . . , 

Henry J. Reid , 

Alvin R. Fleck 



La porta. 

Bedford. 

Anderson. 

IndianapoUs. 

Plymouth. 

Shoals. 

Peru. 

Bloomington. 

CrawfordsviUe. 

Martinsville. 

Kentland. 

Albion . 

Rising Sun. 

PaoU. 

Spencer. 

RoekviUe. 

Cannelton. 

Petersburg. 

Valparaiso. 

Mt. Vernon. 

Winamac. 

Greencastle. 

Winchester. 

Versailles. 

RushviUe. 

Scottsburg, 

ShelbyviUe. 

Rockport. 

Knox. 

South Bend. 

Angola. 

SuUivan. 

Vevay. 

Lafayette. 

Tipton. 

Liberty. 

EvansvUle. 

Newport. 

Terre Haute. 

Wabash. 

Williamsport. 

BoonvUle. 

Salem. 

Richmond. 

Bluffton. 

MonticeUo. 

Columbia City. 



TABLE OF CONTENTS 



Preface 3 

List of County Superintendents 5 

CHAPTER I. 

CONSTITUTIONAL PROVISIONS. 
SEC. 

1. Common schools 31 

2. Common school fund , 31 

3. Principal, a perpetual fund 31 

4. Investment and distribution ■ 32 

5. Reinvestment 32 

6. Counties — Liability 32 

7. Trust funds inviolate 32 

8. Superintendent of Public Instruction 32 

9. Political and municipal corporations 32 

CHAPTER II. ' • 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

9a. Superintendent — Election 34 

10. Commencement of term — Oath. 34 

11. Duties— Office— Clerks : 34 

12. Report to Governor 35 

13. Report to General Assembly 35 

14. Duties 35 

15. Traveling expenses - 36 

16. Supervision of school funds 36 

17. May require reports 36 

18. Blanks and forms 36 

19. Shall pubhsh school law 36 

20. Journals, etc., to libraries 36 

21. Certificates from other states 37 

22. Schedule of item for success grades 37 

CHAPTER III. 

STATE BOARD OP EDUCATION. 

23. State Board of Education 38 

24. Duties and powers ■ 38 

25. State certificates 39 

26. Pay and mileage of board 49 

(7) 



O SCHOOL LAWS OF INDIANA 

CHAPTER IV. 

COUNTY SUPERINTENDENT. 

SEC. PAGE 

27. County superintendents — Election — Term 50 

28. Impeachment 53 

29. County superintendent — Qualifications 53 

30. Salary in the several counties 53 

31. Additional salary 54 

32. Traveling expenses 54 

33. Assistant — Appointment 54 

34. General duties 54 

35. Cities exempt 55 

36. Visits by city and county superintendents 55 

37. Examinations for graduation . . . .■ 56- 

38. Schools — ^Examination for teacher's license 56 

39. Examination studies 58 

40. State Board of Education — Fixing averages 59 

41. Temporary teaching permits 59 

42. Professional license — Eight year term 59 

43. Exemption from examination 60 

44. Previous exemptions in force 60 

45. Grade of success — Who determines 60 

46. Unfair grading 61 

47. Records of coimty superintendent 61 

48. Report of State Superintendent 61 

49. Fees on hand — State treasury 62 

50. Act effective •. . 62 

51. May revoke license 62 

52. OfBce— Supplies 62 

53. Traffic in examination questions 62 

54. When must enumerate 62 

55. Annual reports 63 

56. Apportionment — -Report 64 

57. Duty as to school fund 64 

58. Duty as to interest and loss,.sehool fund 64 

59. Appeals from township trustees 65 

60. Appeals from county superintendents 65 

61. Interest in private normal school 66 

62. Penalty 66 

63. Duty of prosecuting attorney 66 

CHAPTER V. 

TRUSTEE OF TOWNSHItS AND SCHOOL TRUSTEES OF TOWNS AND CITIES. 

64. School township 67 

65. Oaths 68 

66. Women eligible to school offices 68 

67. Bond binding 68 



SCHOOL LAWS OF INDIANA 9 

SEC. PAGE 

68. Townsh-ip trustee — Assessor — Date of election. .68 

69. Manner of election 68 

70. Ballots and ballot boxes 68 

71. Trustees' term 69 

71a. Term of township trustee — When eligible 69 

71b. Schools — Trustees elected — Terms • 69 

72. Cities excepted 70 

73. Trustees' bonds— Vacancy 70 

74. Township trustee — Official bond 71' 

75. General duties 71 

76. Duration of school term 72 

77. Janitors— Care and management of school property 72 

78. Towns and cities 72 

79. Record — Duty as to revenue 73 

80. Surplus special school revenue 73 

81. Superintendent in cities and towns 73 

82. Trustees' reports 74 

83. Failure to report 74 

84. Neglecting duties 75 

85. Failure to serve 75 

86. Trustee's accounts ■ 75 

87. Examination of trustee and his books 75 

88. Correction of accounts — Removal 75 

89. Trustee to take enumeration — Who enumerated 75 

90. Enumeration — Where filed — Retaking 77 

91. Soldiers and sailors — Enumeration 77 

92. Duplicate lists — Filed with state library 77 

93. Township in two or more counties — Report 78 

94. County board of education 78 

95. Emergency school township debts legalized 79 

96. School township debts legalized 80 

97. School bond sales legalized 80 

98. Funding bonds — Sales legalized 81 

99. Pending litigation 81 

100. School bonds — Issue legalized 81 

101. Pending litigation 81 

102. Township debt certificates legalized 81 

103. Schools — Bonds legalized 82 

104. Pending litigation 82 

105. Schools — Legalizing township debts — ^Authorizing bonds 82 

106. Advisory board — Provisions for payment 83 

107. Payment — Notice 83 

108. Act remedial 84 

109. Schools — Sale of property 84 

110. Sales legalized 84 

111. Legal notices, publication of 84 

112. Repeal 84 

113. Township trustee — Advisory board — Transfer of funds 84 



10 SCHOOL LAWS OF INDIANA 

SEC. PAGE 

114. Schools — Towns — ^Election of school trustees 85 

115. Supplemental act 85 

CHAPTER VI. 

TEACHERS. 

116. Employment and dismissal .' 86 

117. Examined concerning alcohol and narcotics 91 

118. Failure to teach, effects — Dismissal 91 

119. Terms for which teachers may be employed 91 

120. Contracts to be in writing 92 

121. Blanks to be uniform 92 

122. Reports 92 

123. Schools — Minimum wages for teachers 92 

124. Qualifications 93 

125. Payment at less rate — Penalty 94 

126. State board of education — Duties 94 

127. Special examination 94 

128. Insulting teacher 94 

129. Attending — Pay for teachers 95 

CHAPTER VII. 



130. Bible 96 

131. Uniformity of term — Numbering of schools 96 

132. Term continued 96 

133. Calendar 97 

134. Colored children 97 

135. Appropriations for indigent children 97 

136. Branches taught 97 

137. Effect of alcoholic drinks and narcotics . 98 

138. Voters' meeting — School directors 98 

139. Voters at school meetings 98 

140. Other meetings of voters — Powers 99 

141. Estimates of expenses. . 99 

142. Director's duties 99 

143. Charge of schoolhouse . 99 

144. Visits schools — May exclude pupils 100 

145. Appeal to trustee 100 

146. Common schools defined — High school courses 100 

147. High school studies 100 

148. Schools — State Superintendent of Public Instruction — High 

school inspector 100 

149. Appropriation 101 

150. Kindergarten 101 

151. Free kindergarten tax 101 



SCHOOL LAWS OF INDIANA 11 

SEC. , PAGE 

152. How collected and disbursed 101 

153. Medical inspection of children 101 

154. Medical inspection defined 102 

155. School physician — Appointment — Compensation 102 

156. Physician's duties 102 

157. Rules for enforcement • 103 

158. Penalty. 103 

159. United States flag 103 

160. Display of flag 103 

161. Destruction or nuitilation 103 

162. Penalty 103 

163. Star Spangled Banner 103 

164. Legal holiday — Discovery day 103 

165. Schools — Arbor day — Fixing date 104 

166. Proclamation ' 104 

167. School exercises 104 

168. State song — "On the B,anks of the Wabash, Far Away." . 104 

169. State flower — Carnation ^ "! 105 

170. Secret societies unlawful 105 

171. Night school 105 

172. Who may attend 105 

CHAPTER VIII. 

MILITARY TRAINING. 

173. Payments from special school fund authorized 106 

174. Military instructors may act as physical directors 106 

175. Military training not compulsory J.06 

CHAPTER IX. 

SCHOOL PROPERTY. 



176 
177 
178 
179 
180 
181 
182 
183 
184 
185 
186 
187 
188 
189 
190 
.191 



Title to school property 107 

Use of schoolhouse for private school 108 

Use of schoolhouse for other purposes 108 

Schools — Buildings used for public gatherings 108 

Buildings to be lighted and heated 109 

Control of school board 109 

Responsibility for damages 109 

Schoolhouse, when sold 109 

Sale of school property by township trustee 109 

Schools — Old school buildings — Tearing down 110 

Sale of old buildings — Use of old material 110 

Changing site of schoolhouse 112 

Notice of petition to change 112 

Penalty 112 

Schoolhouse in annexed territory 113 

Annexed territory^ — Assessed valuation — Bonded indebtedness. . 113 



12 SCHOOL LAWS OF INDIANA 

SEC. ' PAGE X 

192. Schoolhouse or property — Appraisement — Liability for unpaid 

indebtedness 114 

193. Donations and bequests ° 114 

194. Petition of majority of voters 114 

195. Sale of bonds 115 

196. Donations made to school corporations 115 

197. Conditional gift 115 

198. Income from gifts 115 

199. Trustee for gift — Powers 116 

200. Identity of gift not to be lost 116 

201. Rats — Extermination — TeacMng hygiene in school 116 

202. Schools — Buildings and grounds for high schools — County com- 

missioners authorized to accept 117 

203. Trustees of county high schools 117 

204. Duties of trustees 118 

205. Purchase of real estate — Petition 118 

206. Appraisement 118 

207. Duty of appraisers — Payment — Title — Trial 118 

208. Tender before appraisement — Costs 119 

209. chools — Transfer of property by civil townships 119 

210. Transfer upon petition 119 

211. School property liable for public improvements 120 

212. Former payments legalized — Lien 120 

213. Special school fund 120 

214. Doors must swing outward 121 

215. Schools — Sanitary buildings 121- 

216. Temperature — Uncleanliness — Teachers — Penalties 123 

217. Hygiene and sanitary science — Printed data 124 

218. Schools — School officers — Powers 124 

219. Penaltjr as to officers 125 

220. Buildings in towns — Use by township 125 

221. Buildings — Fire — Means of escape 125 

222. Fu-e escapes 126 

223. Plan of escapes — Approval 126 

224. Penalties 126 

225. Inspectors — Duties — Penalty 127 

226. Township trustee — Duties 127 

227. State fire marshal — Schools — Teachers — Compulsory fire drill. . . 128 

228. Penalty 128 

229. Fines paid to state treasurer 128 

230. Fire drills— Report 128 

231. Duty of school trustees or commissioners 128 

CHAPTER X. 

TUBERCULOSIS. 

232. Tuberculosis infectious — Disease , . . . 129 

233. Penalty 129 



SCHOOL LAWS OF INDIANA 13 
CHAPTER XL 

JOINT AND CONSOLIDATED SCHOOLS. 

SEC. PAGE 

234. Joint school district- -Petition 130 

235. Expense of establish iug^Control of school 131 

236. Expense of maintenance 131 

237. Joint graded schools 131 

238. Schoolhouse for several townships 132 

239. Cost of erecting 132 

240. Advisory board — Emergency 132 

241. Schools — City and township — Joint graded school 133 

242. Ballots — Election method 133 

243. Cost of construction — Tax levy — Bonds issued 134 

244. Joint ownership of property 134 

245. Towns and toAvnships — Power to contract to maintain joint 

schools 135 

246. High school district • 135 

247. District — Determining the territory 135 

248. Schools — High school district — Control 135 

249. Expenses — Apportionment 136 

250. Warrants 136 

251. Withdrawal 137 

252. Other acts not repealed 137 

253. Schools — Joint township high schools 137 

254. Schools — Township high schools — How established 137 

255. Amount of taxable property required 138 

256. Petition for consolidation — Duty of trustees 138 

257. Control — Abandonment 138 

258. Consolidation of schools authorized 139 

259. Elections separate 139 

260. Manner and expense of elections 139 

261. Preliminary control of consolidated schools 140 

262. Board of trustees — In on-partisan — Election bond — Salary 140 

263. Duties and powers o.' board — Taxes 142 

264. New buildings — Re])airs 142 

265. Joint property 142 

266. Transportation of pupils 142 

267. Consolidation of town and township schools 143 

268. Joint resolution — Special election — Expenses 143 

269. Majority required — Management 143 

270. Cost apportioned — Transportation of pup'ls — New building . . . 143 

271. Payment of previous indebtedness 144 

CHAPTER XII. 

ABANDONMENT OF SCHOOL PROPERTY. 

271a. Abandonment of school district or corporation 145 

271-b. Consent of voters to abandonment 145 



14 SCHOOL LAWS OF INDIANA 

SEC. PAGE 

271c. Schools — Discontinuance — TownsMp trustees 146 

271d. Schools — Cities fifth class — Abandoned school property — Parks. 146 

271e. Permitting use by city 146 

271f. Acceptance by council — Maintenance 147 

271g. Abandonment for park purposes 147 

271h. Schools — Trustees abolished — School corporation dissolved 147 

271i. Conveyance of property to township 148 

271j. Township control 148 

271k. Civil town may assume debt of sch'ool town 148 

2711. Manner of assuming debt 149 

CHAPTER XIII. 

TRANSPORTATION OF SCHOOL CHILDREN. 

271m. Schools — Transportation of pupils— Payment of expense.*. 150 

271n. School children, transportation of 151 

271o. Transfer to nearest sch.ool 151 

271p. Duty of trustee 151 

271q. Expense of transfer 151 

271r. Conveyances, ventilation and heat 151 

271s. Drivers, qualifications of 151 

271t. Drivers can not sublet contract 152 

271u. Railroad crossings — Caution prescribed 152 

271v. Expense, payment of 152 

271w. Penalty. 152 

271x. Prosecutor to enforce provisions 152 

CHAPTER XIV. 

TRANSFER OF PUPILS. 

272. Reasons for transfer 153 

273. Schools — Transfer of pupils — Tuition 155 

274. Appeal 155 

275. Payment of tuition — Refusal to make 155 

276. Rights not abridged 156 

277. Settlements for transfers 156 

278. Transfer to school corporations of 100,000 157 

279. Payment of tuition 157 

280. Orphans' homes — Transfer of children to ... 157 

281. Transfer tuition— Fund— Rate 158 

282. Transfer denied — Appeal — Penalty 158 

283. Adjustment of tuition indebtedness 158 

284. Special written agreements 159 

285. Transfer outside of state — Tuition 159 

286. Indiana Soldiers' and Sailors' Orphans' Home — Admission 159* 

CHAPTER XV. 

SCHOOLS IN CITIES OF THE FIRST CLASS. 

287. Board of school commissioners — Cities of 100,000 inhabitants . . 161 

288. Qualifications of commissioners 162 



SCHOOL LAWS OF INDIANA 15 
/EC. PAGE 

289. Nomination and election 162 

290. Terms ' 164 

291. Organization — Treasurer 164 

292. Committees — Salaries — Rules 164 

293. Legislative act — Director's approval 165 

294. Officers and teachers — Examination 165 

295. Business director — Duties 166 

296. Superintendent, librarian, et al. — Duties 166 

297. Appointment or discharge — Reports 167 

298. Schools — Business director — Bond 167 

299. Auditor of school board 168 

300. Warrants / 168 

301. Evidence of indebtedness 168 

302. lUegal warrant — Liability 168 

303. Appropriation necessary 168 

304. Auditor's report — Bond — Pay 168 

305. Accountants 169 

306. Payments to treasurer 169 

307. Contracts, appropriation for necessary 169 

308. Contracts to be in writing — Supplies •. 169 

309. Bids for sehoolhouse 170 

310. Funding indebtedness 170 

311. Tax levy . 171 

312. School law in force 171 

313. Old school board 171 

314. Limit of debt 172 

315. Schools — Cities first class — Right to issue bonds 172 

346. Purchase of grounds and buildings 173 

317. Eminent domain, may exercise 173 

318. Removal of commissioner 174 

319. Levy to pay debts 174 

320. Subsequent censuses ■ 174 

321. Manual training schools 174 

322. Teachers and instruction. 174 

323. Tax to support schools 175 

324. Taxes — Powers as to levy 175 

325. Bonds — Building and grounds fund 176 

326. Art association contract — Cities of first class 177 

327. Powers of school commissioners 178 

328. Repeal 178 

329. Art associations — School board — Payments to maintain 178 

330. School officers — Board of visitors 179 

331. Acceptance of provisions 179 

332. Mayor and comptroller — Attend meetings 180 

333. Resolution in force 180 

334. Agreement in force ■ 180 

335. One association to participate — How chosen 180 

336. Health inspection 180 

337. Tax levy for health inspector 181 



16 SCHOOL LAWS OF INDIANA 

SEC. PAGE 

338. Trade and industrial schools 181 

339. Maintenance and operation 182 

340. Transfer— Tuition 182 

341. Public playgrounds and public baths — How established 182 

342. How controlled 183 

343. Expenses — How paid 183 

CHAPTER XVI. 

SCHOOLS IN CITIES OF 63,000 TO 69,000. 

344. Schools — Cities second class 184 

345. Under control school boards 184 

346. Expenses — How paid : 184 

347. Cities — Second class — Government of schools 185 

348. School corporations — Separate from civil corporations 185 

349. General school laws applicable 185 

350. Qualifications of school board 185 

351. How elected 186 

351a. Applies to other cities — When 186 

352. Pending litigation — Present members 186 

CHAPTER XVII. 
SCHOOL CITIES OP 55,000 TO 63,000. 

353. Cities 55,000 to 63,000— Board of school trustees 187 

354. Qualifications — Interest in contracts — Salary 187 

355. Election — Terms — Petition for candidates 188 

356. Next election — Five to be chosen 189 

357. Present incumbents of electives 189 

358. Take office as vacancies occur 189 

359. Fufore census— Effect 189 

360. Pending litigation 189 

CHAPTER XVIII. 

TAXATION. 

361. State tax levy 190 

362. Uniform tax 190 

363. Special school — Used to pay teachers revenue — Limit 190 

364. Assessment and collection 191 

365. Supplementary tuition fund 191 

366. Local tax — How applied 192 

367. Tax for town schoolhouse and to support town schools 192 

368. Educational institution fund — Levy 192 

369. Unexpended balance 193 

CHAPTER XIX. 

SCHOOLS IN CITIES OF 45,000 TO 55,000. 

370. Cities of 45,000 to 55,000 194 

371. Powers of school board 194 



SCHOOL LAWS OF INDIANA 17 

SEC. PAGE 

372. Building bonds 194 

373. Special tax '. 195 

374. Proceeds of bonds 195 

375. Population 195 

CHAPTER XX. 

VOCATIONAL EDUCATION. 

376. Vocational education — Definitions 196 

377. Establishment of schools 197 

378. Classes— How divided 197 

379. Co-operative schools 197 

380. Studies— How outlined 198 

381. State board of education — Duties 198 

382. State board, comprised of. 198 

383. Appointments — How made 198 

384. Advisory committee 199 

385. Admission to schools — To whom Tuade 199 

386. Compulsory attendance 199 

387. County agent— Petitioii 199 

388. Cities and towns — Reimbursed 200 

389. State maintenance 201 

390. Claims for reimbursement 201 

391. Salaries and expenses 201 

392. When effective 201 

393. Schools — Cities first class — ^Non-residents — Vocational schools. . 201 

394. Property in trust — Bonds issued 202 

395. Additional high school buildings — Bonds may be issued 203 

396. Pending litigation 203 

397. Schools — Agricultural and domestic science — Petition — Levy .... 204 

398. Buildings — Bonds issued 204 

399. Township trustee— Maintenance 204 

400. Annual tax levy 204 

401. Acceptance of act of congress — Vocational education 205 

402. State treasurer custodian of funds 205 

403. Duties of board of education 205 

CHAPTER XXI. 

APPORTIONMENT OF REVENUE. 

404. To be made semi-annuaUy 206 

405. Reports of county auditors 206 

406. When and what county auditor reports 206 

407. When congressional township divided 207 

408. Auditor failing to report — Penalty 207 

409. Printed statement 207 

410. Payment to counties 207 

411. Payment of excess 208 

412. Unapportioned balances 208 

8554 — 2 I 



18 SCHOOL LAWS OF INDIANA 

SEC. PAGE 

413. County auditor's apportionment 208 

414. Apportionment among counties 209 

415. Distribution of 5.2 per cent of fund 209 

416. Town or township deficiency — Certificate 209 

417. Superintendent and auditor — Duties 210 

418. Uses of fund 210 

419. Liability for fund 210 

420. Surplus 211 

421. Interest on sinking fund 211 

422. Surplus dog tax fund 211 

423. Duty of school trustee. 211 

424. Annual statement 212 

CHAPTER XXII. 

THE FUND. 

425. What constitutes * 214 

426. Transfer and distribution of funds : . . . . 215 

427. Estrays and property adrift 215 

428. County coroners — Funds not called for — Disposition 215 

429. Ferry — Circus — Traveling merchant — License 216 

430. License fund paid to school fund 217 

431. Penalty 217 

432. Hydrophobia fund — County auditor 217 

433. Counties liable 217 

434. Account of fund 217 

435. Custody of lands — Report of income 218 

436. Leasing lands 218 

437. Divided school section 218 

438. Boundaries of townships 219 

439. School township, when county lines divide 219 

440. Auditor's statement as to children 219 

441. Au,ditor's duty 219 

442. Account and distribution 219 

443. Duties of the other auditor 219 

444. Account — Re-adjustment . 220 

445. Power of trustee 220 

446. Sale of school lands 220 

447. Proceedings to sell '. 220 

448. Ballots 220 

449. Results of election 220 

450. Certificate of vote 220 

451. Trustee's duty 221 

452. Order and conduct of sale— Fee 221 

453. Terms of sale— Timber 221 

454. Forfeiture— Re-sale 222 

455. Forfeiture, how prevented 222 

456. Forfeiture — Liability for waste 222 

457. Suit for waste 222 

458. Private sale 222 



SCHOOL LAWS OF INDIANA 19 

SEC. PAGE 

459. Re-appraisement 222 

460. Sale of real estate, appraisement — Notice — Terms 222 

461. Advertisement of funds 222 

462. Re-appraisement of forfeited lands 222 

463. Appropriation by commissioners 222 

464. Certificate of pirrchase 224 

465. Rights of purchaser 224 

466. Failure to make first payment — Penalty 224 

467. Assignment 224 

468. Defective assignments — Proceedings 224 

469. Loan of purchase money 225 

470. Payments ' 225 

471. Lost certificate • ■ • • . 225 

472. Purchase money, where paid 225 

473. Duty of auditor 225 

474. Deed 225 

475. Sale— Legalization 225 

476. Title, when complete ■. 226 

477. Sale had without vote ; 226 

478. Compensation on failure of title 226 

479. Lands of surplus revenue fund — How sold 226 

480. Interest— Judgment 226 

481. Advertisement of funds 227 

482. County auditor — Penalty 227 

483. Auditor's duty 227 

484. Appraisement 227 

485. Duty of appraisers 227 

486. Loans outside of county 227 

487. Limit of loan 228 

488. Oath of applicant 228 

489. Time of loan 228 

490. Loan of school and university funds 228 

491. Limit of loan 228 

492. Percentage of value of land 228 

493. County auditors — School funds — Loan on mineral land 229 

494. Length of time 229 

495. County may borrow 229 

496. Note of coimty — County council 229 

497. Auditor's warrant 229 

498. Rate of interest 230 

499. Payment of loan 230 

600. Transfer from one county to another 230 

501. Certificate as to liens 230 

502. Limit of amount 231 

503. Acknowledgments and oaths 231 

504. Record of mortgages — Priority 231 

505. Auditor's duty 231 

506. Fees 231 

507. Interest unpaid — Auditor's duty 231 



20 SCHOOL LAWS OF INDIANA 

SEC. PAGE 

508. Collection on default 232 

509. Fund to be specified 232 

510. Form of mortgage 232 

511. Form of note 232 

512. Schools — Renewal of school fund mortgages^Duties of auditor. 232 

513. Warrant to borrower 233 

514. Payments — Quietus 233 

515. Indorsements and satisfaction 233 

516. Preamble 233 

517. Schools — Mortgages on lands — Clerk of court — Satisfaction of 

judgments 234 

518. Suit for deficiency 234 

519. Notice of sales 234 

520. Manner of sale— Surplus 234 

521. Auditor's bid 235 

522. Sale of lands bid in 235 

523. Deed by auditor 235 

524. Statement of sales . : 235 

525. Title in state without deed 235 

526. Conveyance to county 235 

527. Suit to foreclose 235 

528. Purchase by county 236 

529. Lease of land purchased . 236 

530. Sale of land — Appraisement 236 

531. Deeds 237 

532. Sales legalized 237 

533. Act supplemental 237 

534. Satisfaction of mortgages 237 

535. Annual report 237 

536. Duty of boards 238 

537. Board's report 239 

538. Disposition of report 239 

539. Apportionment of loans 239 

540. Miscellaneous school fund account 239 

541. Distribution and report 239 

542. Penalty against auditor 239 

543. School funds — Expense in making loans 240 

544. Repeal of order 240 

545. Appropriations — County council 240 

546. Real estate sales legalized 240 

547. Title to lands — Auditor's deed to quiet 241 

548. Wills — Public bequests — Exempt from taxation 241 

CHAPTER XXIII. 

SCHOOL INDEBTEDNESS BONDS AND NOTES. 

549. Bonds for school buildings 242 

550. Use of proceeds 243 

551. Special tax 243 

552. Condition before building 244 



SCHOOL LAWS OF INDIANA 21 
SEC. PAGE 

553. Surplus fecial school revenue ■ 244 

554. Schools cities and towns — Refunding 244 

555. Levy — Sinking fund — Interest 245 

556. Schools — Cities and towns — School buildings — School trustees 

may issue evidence of indebtedness 245 

557. Tax to pay bonds and notes 246 

558. Trustees give bond 246 

559. Additional bond issue 246 

560. School boards — Temporary loans 247 

561. Interest — Warrants 247 

562. Cities — Second class — Issue of bonds 247 

563. Bonds in series — Time 248 

564. Tax for bond redemption 248 

565. Repeal : 248 

566. Bond issue— Towns or cities of 1,000 to 5,000 249 

567. Sale — Bond for proper use of funds 249 

568. Special tax 249 

569. Surplus special school revenue 250 

570. Towns not over 2,000 — Funds for buildings — Bonds 250 

571. Refunding bonds 250 

572. Trustee's bonds ' 251 

573. Sale of property 251 

574. Special tax 251 

575. Surplus special revenue 251 

576. Towns not over 1,000— Bonds— Tax 252 

577. How construed 252 

578. Township business — Indebtedness — Issue of bonds 252 

579. Duties of advisory board 253 

580. School bonds and levies legalized 253 

581. Acts of school trustees legalized 222 

582. Manual training and domestic science — Levies legalized 535 

583. Erection of new school building — Funds 453 

584. Emergency declared 452 

585. Bonds authorized 254 

586. Debt of civil and school township 255 

587. Tax levy 255 

588. Expenditure of funds 255 

589. Sale of bonds 255 

CHAPTER XXIV. 

TEXT-BOOKS. 

590. Selection of text-books 256 

591. Schools— Text-books— Bids called for 256 

591a. Bids — Contracts — Terms 257 

592. May procure manuscripts 258 

593. State not liable 258 

594. Governor's proclamation 258 

595. Sale for more than contract price 258 



22 SCHOOL LAWS OF INDIANA 

SEC. PAGE 

696. Embezzlement ^ 259 

597. Books for poor or indigent children 259 

598. Failure to report — Embezzlement ■ . . 259 

599. Books to be uniformly used 259 

600. Schools— Uniform text-books 259 

601. Name and price of books on cover 260 

602. Conditions for adoption of school text-books 260 

603. Approval of bond 261 

604. Price restricted 261 

605. Authority to purchase — Price list 261 

606. Appointment of dealers and agents 261 

607. "Person" defined 262 

608. Penalty 262 

CHAPTER XXV. 

COMPULSORY EDUCATION AND ATTENDANCE OFFICER. 

609. Schools — Compulsory attendance of children 263 

610. Age limit — Employment 264 

611. Attendance officer — Duties 265 

612. Schools — Attendance officers — How appointed 265 

613. Number of attendance officers 266 

614. Per diem 266 

615. Record of attendance 266 

616. State board of truancy 267 

617. Assistance furnished 267 

618. Separate schools for ineorrigibles. 267 

619. Confirmed truant 267 

620. Expenses — Special levy 268 

621. Duties of enumerators 268 

622. Information for attendance officer 268 

623. Penalty 268 

624. Schools — Eleemosynary institutions 268 

625. Compulsory education of dependent children 269 

CHAPTER XXVI. 

STATE NORMAL SCHOOL. 

626. EstabUshed 270 

627. Trustees — Corporate name * • ■ 270 

628. Term of office — Vacancies 270 

629. Organization — Officers 270 

630. Donations 270 

631. Location 271 

632. Contract for building 271 

633. Model school 271 

634. Duty of trustees 271 

635. Conditions of admissions 271 

636. Tuition fee 271 

637. Principle of management 271 



SCHOOL LAWS OF INDIANA 23 

SEC. P^CiE 

638. Report 271 

639. Board of visitors 272 

640. ' Certificates — Diplomas 272 

641. Pay of trustees 272 

642. Pay of treasurer and agent 272 

CHAPTER XXVII. 

ACCREDITED NORMAL SCHOOLS. 

643. State teachers' training board — Duties 273 

644. Course of study 273 

645. Two-year course 273 

646. Diplomas 274 

647. "Accredited" school 274 

648. When "accredited" denied 274 

CHAPTER XXVIII. 

INDIANA XJNIVERSITY. 

649. Recognized • 276 

650. Tax for endowment fund 276 

651. Application of fund 276 

652. Bond of state 276 

653. Loans by state auditor 277 

654. Mortgages taken by auditor 277 

655. State may borrow fund 277 

656. Trustees — Corporate name^ — Officers — Powers 277 

657. The first trustees 278 

658. The first meeting 278 

659. Vacancies 278 

660. Pay of trustees 278 

661. Trustees of Indiana University 278 

662. Trustees' terms expiring 1891, successors 278 

663. Trustees' terms expiring 1893, successors 278 

664. Registry of alumni 279 

665. Nomination of trustees 279 

666. Annual meeting of alumni 279 

667. Method of voting by alumni 279 

668. Annual meeting 280 

669. Quorum — Temporary appointments 280 

670. Seminary township 280 

671. Interest on loans 280 

672. Faculty— Powers 280 

673. No religious qualification 280 

674. No sectarian tenets 280 

675. County students 281 

676. Notice to counties 281 

677. Treasurer's bond 281 

678. Board of visitors • • ■ • 281 



24 SCHOOL LAWS OF INDIANA 

SEC. PAGE 

679. Visitors not attending to be reported 281 

680. Duties of visitors 281 

681. Duties of secretary 281 

682. Duties of treasurer 281 

683. Report to state superintendent 282 

684. Lectures by faculty 282 

685. Geological examination and specimens 282 

686. Printing annual report 282 

687. Contents of report 282 

688. Notice of sessions 282 

689. Buildings and repairs , 282 

690. Normal department 283 

691. Agricultural department 283 

692. Scholarships transferable 283 

693. Perpetual scholarships 283 

694. Library 283 

695. State geologist 283 

696. Fund, how derived — Loans 283 

697. Auditor of state to loan — Duty 284 

698. Form of mortgage 284 

699. Form of note 284 

700. Loans — Security 284 

701. Interest 284 

702. Priority of mortgage 284 

703. Recording of mortgage 285 

704. Certificate as to liens 285 

705. Abstract of title 285 

706. Auditor's duty , . . . 285 

707. Payment '. . . 285 

708. Satisfaction '. 285 

709. Loans, how collected 285 

710. Judgment 285 

711. Notice of sale 285 

712. Sale 285 

713. When auditor to buy — Re-sale 285 

714. Limit of bid— Overplus 286 

715. Statement of sale 286 

716. Title in state, without deed 286 

717. Sale for cash — Certificate 286 

718. Sale on credit 286 

719. Fees and damages 286 

720. Accounts— Reports 286 

721. Accounts with borrowers 286 

722 Interest, when loaned 286 

723. Unsold lands 286 

724. Certificates of payment — Patent 287 

725. Leases 287 

726. Commissioner's report 287 

727. Commissioners' duty 287 



SCHOOL LAWS OF INDIANA 25 

SEC. PAGE 

728. Pay of commissioners 287 

729. Patents and recording 287 

730. Pay for managing fund 287 

731. Extension of payments 288 

732. Forfeiture, how prevented 288 

733. Forfeited lands 288 

734. Appraisement of lands 288 

735. Where filed and recorded 288 

736. Duty of county auditors 289 

737. Notice of sale 289 

738. Sale 289 

739. Terms of sale 289 

740. Private entry . 289 

741. Certificate of purchase 289 

742. Certificate to be registered 289 

743. Certificate assignable 289 

744. Forfeiture 290 

745. Surplus 290 

746. Forfeiture, how prevented 290 

747. Land, how redeemed 290 

748. Security : 290 

749. Suit for waste 290 

750. Patent on full payment 290 

751. Auditor's report 290 

752. Treasurer's report 291 

753. To pay money to state treasurer 291 

754. Pay to auditor and treasurer 291 

755. Loans 291 

756. Disposition of proceeds 291 

757. Report of sales 291 

758. One trustee to attend sales 291 

759. No member to deal in the lands 292 

760. Trustees to get information 292 

761. State treasurer collects loan '. 292 

762. County auditors loan 292 

763. Auditor of state can not loan 293 

764. Counties pay interest 293 

765. Suit for deficiency after sale 293 

766. School of medicine 293 

CHAPTER XXIX. 

PURDUE UNIVERSITY. 

767. Agricultural college scrip 295 

768. The first trustees and original name 295 

769. Sale and investment of scrip 295 

770. Donations accepted 296 

771. Location 296 

772. Permanent name 296 



26 SCHOOL LAWS OF INDIANA 

SEC. PAGE 

773. Corporate name — Powers and duties of trustees 296 

774. Dedication of street ! 297 

775. Power to dedicate 297 

776. Privileges of John Purdue 297 

777. Amendment or repeal 297 

778. Appointment of trustees 297 

779. Term of ofBce • 298 

780. Vacancies, how filled 298 

781. Officers — Treasurer's bond and duties 298 

782. County students 298 

783. Students 298 

784. Investment of fund 299 

785. Gift to establish institute of technology 299 

786. Farmer's reading courses 299 

787. Agriculture — Rural improvement — Appropriation 300 

788. Uses of appropriation , ' . . . . 300 

789. Extension department 300 

790. Farmer's institute — County auditor 300 

791. County council — Appropriation ; 301 

792. Repeal 301 

793. Acceptance of U. S. grant 301 

794. Agricultural experiment station work — Appropriation 301 

795. Uses of appropriation. 302 

796. Work— How carried out 302 

797. Preamble 302 

798. Purdue University — Government grant 303 

799. Donations to state educational, charitable or benevolent institu- 

tions 303 

800. Annuity provisions 303 

801. Appraisers — Approval of Governor 303 

802. Payment of annuities may be secured 303 

803. Annuities not taxable 303 

804. Institutions restricted 304 

805. Money held in trust by state 304 

806. Gifts legalized ". 304 

CHAPTER XXX. 

TOWNSHIP ADVISORY BOARD. 

807. Township advisory board — Term — Vacancies — Duties 305 

808. Taxpayers may attend 306 

809. Annual meeting — Expenditures and tax levy 306 

810. Township trustees — Estimate of expenditures — Townships classi- 

fied 307 

811. Compensation of board if desired 309 

812. Township — Emergency expenditures — Called meeting advisory 

board ' 309 

813. Financial record 310 

814. Annual settlement with the board 310 



SCHOOL LAWS OF INDIANA 27 

SEC. PAGE 

815. New schoolhouse — ^Sehool supplies 311 

816. Trustees' pay 312 

817. Contracts void 312 

818. Appointment of first members of board 312 

CHAPTER XXXI. 

STATE LIBRARY. 

819. Management ■ 313 

820. Election of librarian— Term 313 

821. Term of ofBce— Bond 313 

822. Library, when to be kept open 313 

823. Preservation of state documents 313 

824. Legislative papers, preservation 313 

825. Exchanges ' 313 

826. Misappropriation of books 314 

827. Loan of books 314 

828. Rules and regulations ....'. : 314 

829. Salaries — Reference librarian — Cataloger — Stenographer 314 

830. Report of receipts and expenditures 314 

831. Removal of librarian or assistants 314 

832. Violation of this act, penalty 314 

833. State hbrarian — Pubhc documents _. 314 

834. Distribution of publication 315 

CHAPTER XXXII. 

FREE LIBRARIES. 

835. City and town tax for hbrary — Subscription 316 

836. Subscriptions filed with clerk of circuit court 317 

837. Public libraries, town and townships — Special tax — Board 317 

838. Certificates of appointment — Oath 318 

839. Organization 319 

840. Subscriptions collected — Buildings — Tax 319 

841. Tax, how used 319 

842. Use of library — ^Certificates of membership — Township may use . 320 

843. Donation of library 320 

844. Removal of member of board 321 

845. Treasurer's report 321 

846. Repealing section 321 

847. Library — Extension of privileges to townships — Tax 321 

848. Accounting — Report 322 

849. Public library commission 322 

850. Office— Duties— Employes 322 

851. Purchase of books — Appropriation 323 

852. Library association 323 

853. Advice 323 

854. Township Ubrary 323 

855. Township Ubrary board — Township uniting 324 



28 SCHOOL LAWS OF INDIANA 

SEC. PAGE 

856. Official documents 325 

857. Member of commission not to be publisher 325 

858. Schools — Cities and towns — Charge of public library 325 

859. Libraries in certain cities 325 

860. Tax to maintain 326 

861.^ Libraries in cities of 3,500 to 4,030 326 

862. Acceptance of hbrary 326 

863. Payment of tax — Control 326 

864. Privileges of hbrary 327 

865. Removal of directors 327 

866. Library fund . 327 

867. Tax levy for library : 327 

868. Office of Ubrarian abolished 327 

869. Library discontinued 328 

870. Legalizing section 328 

871. Real estate 328 

872. Real estate for libraries 328 

873. Parks used for library 328 

874. Prior acts legalized 329 

875. School and library tax in cities of 30,000 329 

876. County treasurer report to board of school commissioners 329 

877. County treasurer's credits 330 

878. School and library tax in cities of 15,000 to 30,000 330 

879. Payment of bonds 331 

880. Towns — Transfer of property to library board 331 

881. Purchase legalized 332 

882. County libraries — Maintenance and control 332 

883. Board members — Certificate — Oath 332 

884. Organization — Powers and duties — Funds 333 

885. County may aid city library — Conditions 333 

886. Board, appointment of — Quahfications 334 

887. Tax levy— How made 334 

888. Combination of city and county Ubraries 334 

889. Liability of commissioners and board 335 

CHAPTER XXXin. 

PUBLIC DEPOSITORIES. 

890. Public officers — Cash book 336 

891. State offlcers-:-Payments to treasurer- 336 

892. Institutions, boards, etc. — Payments to treasurer 336 

893. Fees — Salary— Treasurer 337 

894. State board of finance 337 

895. County board of finance 338 

896. Compensation 338 

897. Cities and towns — Board of finance 338 

898. Schools and township board of finance 339 

899. Depository deposits — Treasurers 339 

900. Requirements as to depository — Bonds 339 



SCHOOL LAWS OF INDIANA 29 

SEC. PAGE 

901. Other forms of security 340 

902. Surety disapproved — ^Court depision 340 

903. Funds — Inviting proposals to receive — Notice 340 

904. Proposals for funds — Interest — Surety 341 

905. Creation of depository — Revocation — Appeal 341 

906. Selecting state depositories — Finance boards — Record 341 

907. Title to securities — Record — Default — Sale 342 

908. State institution deposits — Treasurer's settlement 343 

909. Monthly statement by depositories — Checks 343 

910. Published reports— Auditor's powers 343 

911. Selection without advertising — Outside of county 344 

912. Daily deposits— Embezzlement — Penalties 344 

913. OfBcial habiUty— Exemption 345 

CHAPTER XXXIV. 

teachers' institutes. 

915. Township institutes — Attendance — Wages 346 

916. Schools in session on Saturdays — Wages 346 

917. Teachers' institutes — Expenses 346 

918. Schools closed 347 

919. Sessions 347 

CHAPTER XXXV. 

teachers' pensions. 

A. State Wide Law. 

920. Teachers' pensions — Fimd created 350 

921. Fund consists of 350 

922. Board of trustees— Control 351 

923. Organization of board .' 351 

924. State divided— Units 352 

925. Units petition 352 

926. Acceptance of act 352 

927. State institutions — Educational — Acceptance of act . 353 

928. Duties of trustees 354 

929. Fund in control of board 354 

930. State treasurer — Custodian of funds 355 

931. Applications for pension 355 

932. Teachers assessed 355 

933. Payment of arrearages 356 

934. Record of units and teachers 356 

935. Investment of funds — Cash on hand 357 

936. Amount of pensions 358 

937. Computing years of service 359 

938. Attachment — Pensions exempt 359 

939. Teachers eligible to pension 359 

940. Pensions withdrawn 360 

941. Subsequent appUcations 360 



30 SCHOOL LAWS OF INDIANA 

B. Indianapolis Law. 

SEC. PAGE 

942. Teachers' pension fund — Trustees 360 

943. Officers— Duties 361 

944. Teachers — Pension fund — Control — Assessment — Levy 361 

945. Investment of funds 362 

946. Sinking fund 363 

947. Fixing pensions 363 

948. Years of service — How computed 364 

949. Pensioners — Re-examination 364 

950. Service pension , 365 

951. Computing time 365 

952. Trustees— By-laws 365 

953. Payments — When refunded in part 365 

954. Deficiency — Pro rata payments 366 

955. Place of payment 366 

956. Pensions exempt from seizure 366 

957. Cancellation of pension 366 

958. Teacher defined 366 

C. Tebre Hatjte Law. 

959. Teachers' pension fund — Terre Haute — Board of commissioners . 366 

960. Duties of board and officers 367 

961. Pension fund — How controlled 368 

962. Funds— How invested 369 

963. Sinking fund 369 

964. Pensions — How classified 369 

965. Time of service — How computed 370 

966. Services before passage of act 370 

967. By-laws for management • 370 

968. Pensions exempt from levy 371 

969. Teacher defined " 371 

D. Cities from 20,000 to 100,000 Population. 

970. Teachers' pensions— Cities 20,000 to 100,000— Board 371 

971. Officers of board— Duties s 372 

972. Rules and regulations 372 

973. Fund invested 374 

974. Sinking-fund 374 

975. Annual pensions 374 

976. Years of service — How computed 375 

977. Definition , . 375 

978. Election of commissioners — By-laws 375 

979. Pensions exempt from attachment 376 

980. Definition of "teacher." 376 

APPENDIX. 

Constitution of the State of Indiana 377 

Index to constitution 400 

General index 401 



CHAPTER I. 

Constitutional Provisions. 



Sec. 

1. Common schools. 

2. Common school fund. 

3. Principal, a perpetual fund. 

4. Investment and distribution. 



Sec. 

5. Reinvestment. 

6. Counties — Liability. 

7. Trust funds inviolate. 

8. Superintendent of public instruction. 
Political and mixnicipal corporations 



9. 

Article VIII. 
[In force November 1, 1851.] 

1. Common Schools. 1. Knowledge and learning generally diffused 
throughout a community being essential to the preservation of a free govern- 
ment, it shaU be the duty of the general assembly to encourage, by all suitable 
means, moral, intellectual, scientific and agricultural improvement, and to 
provide by law for a general and uniform system of common schools, wherein 
tuition shall be without charge and equally open to all. (§182.) 

2. Common School Fund. 2. The common school fund shall con- 
sist of the congressional township fund, and the lands belonging thereto; 

The surplus revenue fund; 

The saline fund, and the lands belonging thereto ; ^ 

The bank tax fund, and the fund arising from the one hundred and four- 
teenth section of the charter of the State Bank of Indiana ; 

The fund to be derived from the sale of county seminaries, and the moneys 
and property heretofore held for such seminaries; from the fines assessed for 
breaches of the penal laws of the state; and from all forfeitures which may 
accrue ; 

All lands and other estate which shall escheat to the state for want of 
heirs or kindred entitled to the inheritance; 

All lands that have been or may hereafter be granted to the state, where 
no special purpose is expressed in the grant and the proceeds of the sales 
thereof; including the proceeds of the sales of the Swamp Lands granted to 
the State of Indiana by the act of Congress, of the 28th of September, 1850, 
after deducting the expense of selecting and draining the same; 

Taxes on the property of corporations that may be assessed by the general 
assembly for common school purposes. 

1. Fines and forfeitures here contemplated are such as are assessed in criminal 
proceedings and not such penalties as may be recovered in civil actions. Thus, if a law 
provides that any person violating its provisions shall be liable to a penalty of .$200 to 
be collected in a civil action, the amount does not go to the school fund. See 157 Ind. 
37. 

2. State V. Ind. R. R. Co., 133 Ind. 69. Western Union Co. v. Ferguson, 157 
Ind. 37. 

3. Principal, a Perpetual Fund. 3. The principal of the common 
school fund shaU remain a perpetual fund, which may be increased, but 
shaU never be diminished; and the income thereof shaU be inviolably ap- 
propriated to the support of common schools and to no other purpose what- 
ever. (§184.) 

(31) 



32 . SCHOOL LAWS OF INDIANA 

1. DivEHSioN. This "fund must be devoted to the support of the common schools 
without the diversion from it of a penny for any other purpose whatever." — Board v. 
State, 120 Ind. 2S2; Board v. State, 116 Ind. 329. 

4. Investment and Distribution. 4. The general assembly shall 
invest, in some safe and profitable manner, all such portions of the common 
schools fund as have not heretofore been entrusted to the several counties, 
and shall make provision by law, for the distribution among the several 
counties of the interest thereof. (§185.) 

1. "Invest" Defined. The word "invest" is construed as broad enough to cover 
loans made by counties, and that the fund may be entrusted to them for that purpose, 
but it does not restrict to that mode of investment. — Shoemaker v. Smith, 37 Ind. 122. 

5. Reinvestment. 5. If any county shall fail to demand its propor- 
tion of such interest, for common school purposes, the same shall be rein- 
vested for the benefit of such county. (§186.) 

6. Counties — Liability. 6. The several counties shall be held liable 
for the preservation of so much of said fund as may be entrusted to them, 
and for the payment of the annual interest thereon. (§187.) 

1. Rents. A county is liable for rents derived from unsold congressional town- 
sship lands. — Davis v. Board, 44 Ind. 38; Board v. State, 116 Ind. 329: 

7. Trust Funds Inviolate. 7. All trust funds held by the state shall 
remain inviolate and be faithfully and exclusively applied to the purposes 
for which the trust was created. (§188.) 

1. Expense of Management. The constitution requires the counties to bear 
the expense of managing the school fund ; and if they pay out any part of the fund for 
such expense they are liable to make the loss good. — Board v. State, 103 Ind. 497; 
Vanarsdall v. State, 65 Ind. 176; State v. Board, 90 Ind. 359; Board v. State, 116 Ind. 
329; Board v. State, 138 Ind. 395. 

8. Superintendent of Public Instruction. 8. The general assembly 
shall provide for the election, by the voters of the state, of a state superin- 
tendent of public instruction, who shall hold his office for two years, and whose 
duties and compensation shall be prescribed by law. (§189.) 

Article XIII 

9. Political and Municipal Corporations. 1. No political or munic- 
ipal corporation in this state shall ever become indebted, in any manner 
or for any purpose, to any amount, in the aggregate exceeding two per centum 
on the value of taxable property within such corporation, to be ascertained 
by the last assessment for state and county taxes, previous to the incurring 
of such indebtedness, and all bonds or obligations in excess of such amount, 
given by such corporations, shall be void: Provided, That in time of war, 
foreign invasion, or other great public calamity on petition of a majority of 
the property owners, in number and value, within the limits of such corpora- 
tion, the public authorities, in their discretion, may incur obligations neces- 
sary for the public protection and defense, to such an amount as may be 
requested in such petition. (§190.) 

Amendment of March 24, 1881. 



SCHOOL LAWS OF INDIANA 33 

1. The civil city and the school city are distinct corporations nnder this section and 
each may become indebted to an amount equal to two per cent of their assessed valua- 
tion. See Heinl v. City of Terre Haute, 161 Ind. 44; Campbell v. City of Indianapolis, 
155 Ind. 186. 

2. This article applies to bonds issued by cities and towns to build schoolhouses. 
—Town of Winamac v. Huddleston, 132 Ind. 217; Wilcoxon v. City of Bhiflton, 153 
Ind. 267. Debts contracted by the school corporation of a city for school purposes 
can not be considered as debts of the civil city in determining the amount of its in- 

-debtedness when such civil city had no part in contracting such debts, even though 
such debts may not be valid obligations against such school corporation. Heinl v. City 
of Terre Haute, 161 Ind. 44. The indebtedness contracted by the school authorities 
in cities of 100,000 is not to be considered as the indebtedness of the civil corporation 
in determining whether such corporation is indebted to the constitutional limit. Camp- 
bell V. City of Indianapolis, 155 Ind. 186. In computing the indebtedness of a school 
city, the debts of a civil city are not to be included. — Caldwell v. Bauer, 99 N. E. 117. 



8554—3 



34 SCHOOL LAWS OF INDIANA 



CHAPTER II. 

Superintendent of Public Instruction. 



Sec. 

.9a. Superintendent — Election. 

10. Commencement of term — Oath. 

11. Duties — Oflfice — Clerks. 

12. Report to Governor. 

13. Report to general assembly. 

14. Duties. 

15. Traveling expenses. 



Sec. 

16. Supervision of school funds. 

17. May require reports. 

18. Blanks and forms. 

19. Shall publish school law. 

20. Journals, etc., to libraries. 

21. Certificates from other states. 

22. Schedule of item for success grades. 



[Acts 1865, p. 3. Approved and in force March 6, 1865.] 

9a. Superintendent — Election. 119. There shall be elected by the 
qualified voters of the state, at a general election, a state superintendent of 
public instruction, who shaU hold his office for two years. (§6293.) 

I. Salaries. 

FOR THE FISCAL YEAH, 1917-1918, THE FOLLOWING AMOUNTS WERE APPROPRIATED 
FOR THE DEPARTMENT OF PUBLIC INSTRUCTION. 

Salary of Superintendent $5 , 000 . 00 

Salary of Assistant Superintendent 2 , 500 . 00 

Salary of Deputy Superintendent 1 , 800 . 00 

Salary of Clerk 1 , 400 . 00 

Salary of High School Inspector 2 , 500 . 00 

Salary of Stenographer 900 . 00 

Oflfice and traveling expenses 2 , 000 . 00 

10. Commencement of Term — Oath. 120. His official term shall 
commence on the fifteenth day of March succeeding his election. He shall 
take and subscribe the oath prescribed by law; which proceeding shall in all 
things conform to the law relative to the oaths of public officers. (§6294.) 

II. Duties — OflSce — Clerks. 121. The superintendent shall be 
charged with the administration of the system of public instruction and a 
general superintendence of the business relating to the common schools of 
the state, and of the school funds and school revenues set apart and appro- 
priated for their support. A suitable office shaU be furnished for him at the 
seat of government, in which the books, papers and effects relating to the 
business of said office shall be kept; and there he shall give reasonable at- 
tendance to the business and duties of the office. He shall render an opinion 
in writing, to any school officer asking the same, touching the administration 
or construction of the school law. He is hereby authorized to employ two 
clerks for said office, to be paid as the clerks of the office of the auditor of 
state are paid; and the sum of eighteen hundred dollars is hereby annually 
appropriated for that purpose. (§6295.) 

1. Opinions. He is not bound to give opinions except to school officers — that is 
county auditors, county treasurers and superintendents, township trustees, school 



SCHOOL LAWS OF INDIANA 35 

directors, and school trustees of towns and cities. But the courtesy of superintendents 
has estabUshed the custom of answering questions touching the construction and ad- 
ministration of the school laws for all who need such information. 

2. His Opinion Entitled to Gonsidebation. When a law admits of different 
constructions, it is well settled that the usage under it and the practical construction 
of it for a series of years, is entitled to great weight, and sometimes may be decisive. — 
Appeal of Cottrell. 10 R. I. 615. 

12. Report to Governor. 122. In the month of January in each year 
in which there is no regular session of the general assembly, he shall make a 
brief report, in writing, to the Governor, indicating, in general terms, the 
enumeration of the children of the state for common school purposes, the 
additions to the permanent school fund within the year, the amount of school 
revenue collected within the year, and the amounts apportioned and dis- 
tributed to the schools. (§6297.) ' 

13. Report to General Assembly. 123. At each regular session of 
the general assembly, on or before the fifteenth day of January, said super- 
intendent shall present a biennial report of his administration of the system 
of public instruction, in which he shaU furnish a brief exhibit: 

First. Of his labors, the results of his experience and observation as to 
the operation of said system, and suggest the remedy for observed imperfec- 
tions. 

Second. Of the amount of the permanent school funds, and their general 
condition as to safety of manner of investment; the amount of revenue 
annually derived therefrom, and from other sources; estimates for the 
following two years ; and the estimated value of all other property set apart 
or appropriated fcHf school purposes. 

Third. Of such plans as he may have matured for the better organiza- 
tion of the schools, and for the increase, safe investment, and better preserva- 
tion and management of the permanent school funds and for the increase 
and more economical expenditure of the revenue for tuition. 

Fourth. He shall present a comparison of the results of the year then 
closing with those of the year next preceding, and, if deemed expedient, of 
yea,rs preceding that, so as to indicate the progress made in the business of 
public instruction . 

Fifth. He shaU furnish such other information relative to the system 
of public instruction — the schools, their permanent funds, annual revenues, 
etc., as he may think to be of interest to the general assembly. 

He shall append to said report statistical tables, compiled from the ma- 
terials transmitted to his oifiee by the proper officers, with proper summaries, 
averages and totals appended thereto. He shall append a statement of the 
semi-annual collections of school revenue, and his apportionment thereof; 
and, when he deems it of sufficient inteiest to do so, he shall append extracts 
from the correspondence of school officers, tending to show either the salutary 
or defective operation of the system or of any of its parts; and shall cause 
ten thousand copies to be printed and distributed to the several counties of 
the state. (§6298.) 

li. Duties. 124. He shall visit each county in the state at least once 
during his term of office, and examine the auditor's books and records relative 
to the school funds and revenues with a view to ascertain the amount and 



36 SCHOOL LAWS OF INDIANA 

the safet3^ and preservation of said funds and revenues; and for that purpose 
he shall have access to, and full power to require for inspection the use of the 
books and papers of the auditor's office. Whenever he may discover that 
any of the school funds are unsafely invested and unproductive of school 
revenue, or that any of the school revenues have been diverted from their 
proper objects, he shall report the same to the general assembly. He shall 
meet with such school officers as may attend his appointment, counseling 
with the teachers, and lecturing upon topics calculated to subserve the 
interests of popular education. (§6299.) 

15. Traveling Expenses. 125. He shall receive, for traveling and other 
expenses while traveling on the business of the department, a sum not 
exceeding six hundred dollars per annum, and an appropriation of that amount 
is hereby made for that purpose annually. (§6300.) 

1. Note. The traveling expense fund is by appropriation, $1,000.00; the office 
expense fund is also SI, 000. 00. 

16. Supervision of School Funds. 126. He shall exercise such super- 
vision over the school funds and revenues as may be necessary to ascertain 
their safety, and secure their preservation and application to the proper ob- 
ject; and cause to be instituted in the name of the State of Indiana, for the 
use of the proper fund or revenue, all suits necessary for the recovery of any 
portion of said funds or revenues. It is hereby made the duty of the proper 
circuit prosecuting attorney to prosecute all such suits at the instance of 
the superintendent, and without charge against said funds or revenue. ( §6301.) 

1. May Employ Attorney. This section authorizes the state superintendent and 
auditor of state to employ an attorney to collect a claim due the school fund, and their 
contract in this behalf is the contract of the state. — State v. Sims, 76 Ind. 328. 

17. May Require Reports. 127. He may require of the county auditors, 
county superintendents, county treasurers, trustees, clerks, and treasurers, 
copies of all reports required to be made by them, and all such other informa- 
tion in relation to the duties of their respective offices, so far as they relate 
to the condition of the school funds, revenues and property of the common 
schools and the condition and management of such schools, as he may deem 
important. (§6302.) 

18. Blanks and Forms. 128. He may prepare, and transmit to the 
proper officers, suitable forms and regulations for making all reports, and 
the necessary blanks therefor, and all necessary instructions for the better 
organization and government of common schools, and conducting all neces- 
sary proceedings under this act. (§6303.) 

19. Shall Publish School Laws. 129. He shall cause as many copies 
of the acts of the general assembly in relation to the common schools or the 
school funds, with necessary forms, instructions and regulations, to be from 
time to time printed and distributed among the school townships as he shall 
deem the pubhc good requires. (§6305.) 

20. Journals, etc., to Libraries. 130. He shall supply each common 
school library with the legislative and documentary journals, and the acts 
of each session of the general assembly and his own annual reports. At the 



SCHOOL LAWS OF INDIANA 37 

expiration of his term of office lie shall deliver to his successor possession of 
the office, and all books, records, documents, papers, and other articles per- 
taining or belonging to his office. (§6306.) 

[Acts 1899, p. 448. Approved March 4, 1899. In force April 28, 1899.] 

21. Certificates from Other States. 1. The state superintendent of 
public instruction may countersign the life state certificate of teachers of 
other states, when the holders of such certificates shall have furnished 
satisfactory evidence of good moral character, and experience and success 
in teaching, as is required for life state certificates in this state; and when 
so countersigned such certificates shall be valid in any of the schools of this, 
state: Provided, That the requirements for obtaining the life state certificates 
of other states shall be equivalent to the requirements for the same certificates 
in this state. (§6312.) 

1. Note. Only life state certificates can be countersigned. 

22. Schedule of Items for Success Grades. 8. The state superin- 
tendent of public instruction is hereby required to provide from time to time 
such schedule of items as should in his judgment, enter into the record and 
grading of a teacher's success by the city, town, and county superintendent 
of schools. (Acts 1915, p. 632.) 

1. See section 46 for schedule for success grade. 



38 



SCHOOL LAWS OF INDIANA 



CHAPTER III. 



State Board of Education. 



Sec. 

23. State board of education. 

24. Duties and powers. 



Sec. 

2.5. State certificates. 

26. Pay and mileage of board. 



23. State Board of Education. (Acts of 1913, p. 39.) 7. The 

state board of education shall consist of the superintendent of public 
instruction, the presidents of Purdue University, the State University 
and the State normal school, superintendents of schools of the three cities 
having the largest enumeration of children for school pm-poses annually 
reported to the state superintendent of public instruction, as provided by law, 
three citizens actively engaged in educational work in the state, at least 
one of whom shall be a county superintendent of schools, and three persons 
actively interested in, and of known sympathy with, vocational education, 
one of whom shall be a representative of employes and one of employers. 

The Governor shall appoint the members of the board, except the ex officio 
members, for a term of four years. 

In the first instance one member shall be appointed for two years, one 
for three years and one for four years. The present appointive members 
shall serve until the expiration of the time for which they were appointed. 
The Governor shall fill all vacancies occurring in the board for the unexpired 
term, and each member shall serve until his successor shall have been ap- 
pointed and qualified. 

The superintendent of public instruction shall, ex officio, be president 
of the board, and in his absence the members present shall elect a president 
pro tempore. The board shall elect one of its members secretary and treas- 
urer, who shall have the custody of its records, papers and effects, and shaU 
keep minutes of its proceedings. The records, papers, effects and minutes 
shall be kept at the office of the superintendent, and shall be open for inspec- 
tion. The board shall meet upon the call of the president, or a majority of 
its members, at such place in the state as may be designated in the call. 
They shaU adopt and use a seal, on the face of which shall be the words 
"Indiana state board of education," or such other device or motto as the 
board may direct, an impression and written description of which shall be 
recorded on the minutes of the board and filed in the office of the secretary 
of state, which seal shall be used for the authentication of the acts of the 
board and the important acts of the superintendent of public instruction. 

The board shall have all the powers and perform all the duties now im- 
posed by law on the state board of education. (§6641g.) 



[Acts 1865, p. 3. Approved Marcli 6, 1865.] 

21. Duties and Powers. 154. Said board, at its meeting, shall 
perform such duties as are prescribed by law, and may make and adopt such 



SCHOOL LAWS OF INDIANA 39 

rules, by-laws and regulations as may be necessary for its own government, 
and for the complete carrying into effect the provisions of the next section 
of this act, and not in conflict with the laws of the state, and shall take cog- 
nizance of such questions as may arise in the practical administration of the 
school system not otherwise provided for, and duly consider, discuss, and 
determine the same. (§6310.) 

1. County Supekintendent. It is the duty of the county superintendent to 
carry out the instructions of the state board and state superintendent. 

25. State Certificates. • 155. Said board may grant state certificates 
of qualification to such teachers as may, upon a thorough and critical exam- 
ination, be found to possess eminent scholarship and professional ability, 
and shall furnish satisfactory evidence of good moral character. They 
shall hold stated meetings, at which they shall examine all applicants, and 
those found to possess the qualifications herein above named shall receive 
such certificate, signed by the president of the board, and impressed with 
the seal thereof; and the said certificate shall entitle the holder to teach in 
any of the schools of the state without further examination, and shall also 
be valid the lifetime of said holder, unless revoked bj^ said board. Each 
applicant for examination shall, on making application, pay into the treas- 
urer of the board five dollars as a fee. (§6311.) 

Teachers' Licenses. 

The laws of Indiana give the power to issue teachers' Ucenses to the state board of 
education, the superintendent of pubUc instruction and the county superintendents. 

The state board of education has general control of the entire system. This board 
prepares the uniform questions to be used in the examinations, Axes the standards and 
arranges for Ucensing the teachers in those subjects not provided for by specific statutes. 

The general regulations relating to teacher's licenses are as follows: 

1. Licenses Issued by State Board of Education. 

A. ProfessionaL 

{Division 1 of Life State.) Valid for eight years in any public school 
of the state, for all subjects except vocational and pre vocational subjects. 
The examination for this license is held annually on the last Saturday in 
February. The subjects are: Algebra, Civil Government, American Litera- 
ture, Science of Education and two of these six: Physics, Botany, German, 
French, Spanish and Latin. 

To be eligible for this examination the applicant must have held two 
thirty-six months' common school licenses. In addition he must have had 
at least forty-eight months successful experience as a teacher. 

Licenses are granted to those who make a general average of 85 per cent 
and do not fall below 75 per cent in any subject. If the average is 85 per 
cent or more and the grade in a single subject is below 75 per cent the appli- 
cant is conditioned. If a passing grade is made in the conditioned subject 
at the next annual examination, a Keense is issued. No fee is required for 
this examination. 

Note. Sixty months' licenses are no longer issued, but a sixty months' license 
granted under the operation of the former law may be offered to meet the eligibility 
requirement for the professional examination on the same basis as a thirty-six months' 
license. 



40 SCHOOL LAWS OF INDIANA 

B. Life. 

(1) {For Holders of Professional Licenses.) Valid for life in any 
public school of the state, for all subjects except vocational and prevo- 
cational subjects. The examination is held annually in April and is open 
to any one who holds a professional license. The subjects are: Geometry, 
Rhetoric, General History, English Literature, Physical Geography and two 
of these three: Chemistry, Geology and Zoology. 

I J,, The professional license regulations as to grades and conditions apply 
without change to this general life license. 
The fee for this examination is five dollars. 

Note. The holder of a professional license can not offer such license to meet 
the eligibiUty requirement for the Life State examination after the year of the expira- 
tion of the professional Ucense. 

{2) {For Graduates of Standard Colleges.) Valid for life in any public 
school of the state, for aU subjects except vocational and pre- vocational sub- 
jects. The examination is held annually in April. It is open to graduates 
of standard colleges who have held a thirty-six months' common school li- 
cense, or a license of higher grade, and who have had thirty months success- 
ful experience with at least ten months of it in Indiana. The subjects are 
any three of the following: General History of Education, the School Sys- 
tem and the School Law of Indiana, Educational Psychology, Experimental 
Psychology and Child Study, Leading School System of Europe and America, 
Science of Education, and Principles and Methods of Instruction. 

The grades required are the same as those for a Professional License. 
No conditions are allowed. 

The fee for this examination is five dollars. 

NoTKs. For Graduates of Standard Colleges only. The state board of education 
revised its rules governing applicants for life state licenses by the addition of the 
following resolutions : 

Resolved, That the rules of the state board of education relating to examinations 
for and the granting of life state licenses shall be and are hereby amended by the 
addition of the following: All graduates of higher institutions of learning in Indiana, 
or other insti tuitions of equal rank in other states approved by this board, which re- 
qvilre graduation from Commissioned High Schools, or the equivalent of the same, 
as a condition of entrance, which maintain standard courses of study of at least four 
years, and whose work, as to scope and qualitj;, is approved by the state board of 
education, shall on complying with the conditions (stated above), be entitled to life 
state licenses to teach in Indiana. 

2. The stats board of education reserves the right to call before it any applicant 
for oral examination, in addition to the written examination based upon the questions 
submitted for life state and professional licenses (p. 429, record). 

Rules for Professional and Life Examination. 

1. Write upon one side of the paper only, using legal cap. 

2. See that the answers to the questions in each branch are entirely 
separate from those of any other branch, and securely fastened together. 

3. Write fuU name and postoffice address upon each set of answers, and 
upon every sheet disconnected from the first one. 

4. Answer the general questions upon a separate sheet. 

5. Furnish the examiner with a certified statement of experience and 
with three testimonials as to success. 

Jo. Furnish the neeessarj'^ postage to forward your manuscript to Indian- 
apolis. 



SCHOOL LAWS OF INDIANA 41 

Places for Professional and Life Examinations. 

State board examinations are held annually on the last Saturdays of 
February and April at the following places: 

1. In the Department of Public Instruction, State House, 

2. In the office of the City Superintendent of Schools, Ft. Wayne. 

3. In the office of the City Superintendent of Schools, Evansville. 

4. In the office of the City Superintendent of Schools, Valparaiso. 

5. In the office of the County Superintendent of Schools, Richmond. 

6. In the office of the President of the State Normal School, Terre Haute, 

7. In the office of the President of Purdue University, Lafayette. 

8. In the office of the City Superintendent of Schools, New Albany. 

9. In the office of the President of Indiana University, Bloomington. 

It is recommended by the state board of education that the county 
superintendents require the registration of professional and life state li- 
censes, when the holders of such licenses desire to contract to teach within 
the county. 

It is recommended by the state board of education that the daily wage 
of teachers who contract on professional licenses or life state licenses shall 
not be less than an amount determined by multiplying four cents by 95, 
provided that 2 shall be added to the 95 for attending the county institute 
the full number of days. 

C. Special License. 

Valid for three years to teach in the district schools and the grades in the 
small towns. By a law enacted in 1907 the State Board of Education was 
empowered to provide a special two year-course for teachers. This course is 
given by such accredited schools as make proper provision for it. Graduates 
of this course are permitted to teach without examination in the district 
schools and grades in the small towns of the state for a period of three years 
from the date of the completion of the course. Teachers of this class who 
desire to teach in city schools must pass the regular examination. 

All two-year special course teachers without experience are in Class A. 
Those with one or more years' experience are in Class B. The salary grade 
in Class A is 85 per cent, and in Class B 90 per cent. Any teacher has the 
privilege of raising these grades by examination. 

2. Licenses Issued b5 the State Superintendent. 
A. Common SchooL 

General Requirements. Graduates of commissioned or certified high 
schools, or the equivalent, who have had the professional training required 
by law, are eligible to receive Ucense upon this examination. All teachers 
who were in the service prior to August, 1908, are eligible. 

The subjects are as follows: Required of all: Spelling, Writing, Arith- 
metic, Grammar, Literature, United States History, Reading, Physiology 
and Scientific Temperance, Geography and Science of Education. Optional: 
Agriculture, Domestic Science, Industrial Arts, Music, and Drawing. 



42 SCHOOL LAWS OF INDIANA 

For the year, 1916, the following options in the required list are 
allowed: Science of Education or "The Teacher and the School" 
(Colegrove); United States History or "The Rise of the American 
People" (Usher). 

In grading writing the entire manuscript is considered, and in grading 
spelling, one per cent is deducted for each word incorrectly written. 

All manuscripts in drawing must be upon drawing paper and prepared 
with proper drawing material. 

In grading each subject of the examination the quality of the English 
used shall be taken into consideration. 

When an applicant writes upon optional subjects, the grades in such 
subjects wiU be considered in the same manner as the grades in the required 
subjects in determing his success or failure. 

In each subject eight questions are given, and applicants are required 
to answer six questions selected from this list. 

Two plans of examination are offered, and applicants are permitted to 
elect whether they will take the examination according to Plan I or Plan 
II. 

These plans are outlined as follows: 

Plan I. The examination is offered in one division. Apphcants who 
elect to take all subjects upon one examination, and who fail in not more than 
two subjects, are conditioned and permitted to write upon the failing subjects 
only at the next examination during the cm-rent examination year. In case 
of failure in the conditioned subjects, or in case of failiu-e to write upon such 
subjects at the next examination, the entire examination is a failure. Ap- 
plicants who fail in more than two subjects fail in the entire examination 
and can not be conditioned. 

Plan II. The examination is offered in two divisions. Applicants who 
elect to take the examination in two divisions will be permitted to take the 
first division upon one examination, and if successful, the second division 
upon the next examination during the current examination year. The 
divisions are as follows: 

FIRST DIVISION— 
Morning subjects: 

Required of all: Arithmetic, Grammar. 

Optional subjects: Agriculture, Domestic Science, Industrial Arts. 
Afternoon subjects: 

Required of all: Literature, History. 

Optional subjects: Music, Drawing. 

SECOND DIVISION— 

Morning subjects: _ , 

Required of all: Reading, Physiology. 
Afternoon subjects: 

Required of all: Geography, Science of Education. 

Applicants are required to make passing grades in all subjects of each 
division, and an applicant who fails in either division, or who fails to write 



SCHOOL LAWS OF INDIANA 43 

Upon the second division at the next examination is a failure in the entire 
examination. Applicants who take the examination according to Plan II 
can not be conditioned, and such applicants must take both divisions in the 
same county. 

Fees. The fee for the entire examination is 75 cents. Applicants who 
take the examination according to Plan I and who are conditioned are not 
required to pay a fee to write upon conditioned subjects. Applicants who 
take the examination according to Plan II may take both divisions for one 
fee. In case of failure in either division, the entire examination is a failure. 
An applicant who fails is required to pay a fee for another trial. 

Manuscripts containing subjects in which appUcants were conditioned 
must bear the same number as the original manuscript. Second division 
manuscripts prepared in accordance with Plan II must bear the same number 
as the manuscripts in Division I, Plan II. The kind of manuscript must 
be designated on the cover as foUows: 

Plan I, Conditioned Subjects; Plan II, First Division; or Plan II, Second 
Division. 

Grades of Licenses Issued. 

(1) Twelve months: Valid to teach the subjects covered by the license 
in the elementary grades of the public schools of any county of the state 
for a period of twelve months when registered by the county superintendent, 
except that a twelve months' license issued upon the October examination 
expires July 31st of the following year. All of the qualifications of Class A 
and an average of 85 per cent, not falling below 75 per cent in any subject, 
are required. The holder of a twelve months' license is in Class A. 

Note. Certificates of training must be on file in the Department of Public In- 
struction before a license can be issued. 

(2) Twenty-four months: Valid to teach the subjects covered by the 
license in the elementary grades of the public schools of any county of the 
state for a period of twenty-four months when registered by the county 
superintendent. All- the qualifications of Class B and an average of 90 per 
cent not faUing below 80 per cent in any subject, are required. The holder 
of a twenty-four months' license is in Class B. 

Note. Applicants who have not completed the required training for this class 
receive such licenses as their training entitles them to, iinless they request at the time 
they are examined that their manuscripts be held until they complete their training, 
and certificates are on file in the Department of Public Instruction. 

(3) Thirty-six months: Valid to teach the subjects covered by the 
license in the elementary grades of the pubHc schools of any county of the 
state for a period of thirty-six months when registered by the county super- 
intendent. All the quaUfications of Class C and an average of 95 per cent, 
not fallmg below 85 per cent in any subject, are required. The holder of 
a thirty-six months' license is in Class C, or if the holder has had five or more 
years' successful experience, two of which have been as a Class C teacher, 
he is in Class D. 

Note. Same as note under twenty-four months. Applicants should be careful 
to state the number of years they have taught and the years during wiiich this teaching 
was done. By so doing they will reUeve the department of any difficulty in determining 
their classification. 



44 SCHOOL LAWS OF INDIANA 

B. Primary. 

(1) Twelve months: Valid to teach the common school branches in 
grades one, two, three, and four of the public schools of any county of the 
state for a period of twelve months when registered by the county super- 
intendent. All requirements are the same as for twelve months' common 
school license, except that in all subjects applicants for primary license will 
answer any three of the eight common school questions in the subject and 
in addition the three questions relating to the primary phase of the subject. 

(2) Twenty-four months: Valid to teach the common school subjects 
in grades one, two, three, and four of the public schools of any county of 
the state for a period of twenty-four months when registered by the county 
superintendent. The subjects are the same as in (1) primary. All other 
requirements are the same as for a twenty-four months' common school 
license. 

(S) Thirty-six months: Valid to teach the common school branches 
in grades one, two, three, and four of the public schools of any county in the 
state for a period of thirty-six months when registered by the county super- 
intendent. The subjects are the same as in (1) primary. All other require- 
ments are the same as for thirty-six months' common school license. 

C. High School. 

The eligibility requirements are the same as for the common school 
examination and the fee is 75 cents for each examination. 

The subjects are: Literature and Composition, Algebra, Geometry, 
Commercial Arithmetic, Botany, Zoology, Chemistry, Physics, Physical 
Geography, Commercial Geography, Physiology, History and Civics, Latin, 
German, French, Spanish, Bookkeeping, Stenography, Music, Drawing, 
Agriculture, Industrial Arts, Domestic Science, Science of Education. Appli- 
cants may elect the subjects to be taken, but each manuscript must eon- 
tain Science of Education. A manuscript is considered successful if the 
applicant receives the required grades and average in a majority of subjects 
attempted, counting Science of Education, provided, however, before an 
applicant can be regarded successful he must have a grade of 75 per cent or 
more in the Science of Education. In all Literature examinations the man- 
uscript is graded from 0-75 on correctness of answers and from 0-25 on the 
quality of English used. 

(1) Twelve months: Valid to teach the subjects designated in the high 
schools of any county of the state for a period of twelve months when regis- 
tered by the county superintendent. The eligibility and grade requirements 
are the same as for a twelve-months' common school license. 

(3) Twenty-four months: Valid to teach the subjects designated, in 
the high schools of any county of the state for a period of twenty-four months 
when registered by the county superintendent. The eligibility and grade 
requirements are the same as for a twenty-four months' common school 
license. 

(5) Thirty-six months: Valid to teach the subjects designated, in the 
high schools of any county of the state for a period of thirty-six months 



SCHOOL LAWS OF INDIANA 45 

when registered by the county superintendent. The eligibility and grade 
requirements are the same as for a thirty-six months* common school license. 

D. Supervisor. 

Licenses in the subjects designated below are issued for twelve, twenty- 
four, and thirty-six months. The eligibility, average, classification, and 
registration requirements are the same as for common school licenses of these 
grades. 

(1) Music: Valid to supervise and teach music in the public schools 
of any county of the state for the period designated when registered by the 
county superintendent. AU persons meeting' the eligibility requirements 
for a twelve-months' conjmon school license may take this examination. 
Applicants who have not had the required professional training may offer in 
lieu of it the following: 

One year in an approved school of music for Class A qualifications. 

Two years in an approved school of music for Class B qualifications. 

Graduation from a three years' course in an approved school of music 
for Class C qualifications. 

Certified statements of academic and musical training must be filed before 
hcense can be issued. 

The minimum wage law applies to music supervisors in the same way 
that it applies to the regular teachers. 

(B) Art: Valid to supervise and teach art in the public schools of any 
county of the state for the period designated when registered by the county 
superintendent. All the rules and regulations pertaining to music apply 
here if for the word music the word art is substituted. 

(S) Industrial Arts: Valid to supervise and teach industrial arts in the 
public schools of any county of the state for the period designated when reg- 
istered by the county superintendent. All the rules and regulations pertain- 
ing to music apply here if for the word music the words industrial arts are 
substituted. 

(4) Domestic Science: Valid to supervise and teach domestic science in 
the public schools of any county of the state for the period designated, 
when registered by the county superintendent. All the rules and regulations 
pertaining to music apply here if for the word music the words domestic 
science are substituted. 

(5) Agriculture: Valid to supervise and teach agriculture in the public 
schools of any county of the state for the period designated when registered 
by the county superintendent. All rules and regulations pertaining to music 
apply here if for the word music the word agriculture is substituted. 

(6) Physical Culture: Valid to supervise and teach physical culture 
in the public schools of any county of the state for the period designated, 
when registered by the county superintendent. All the rules and regulations 
pertaining to music apply here if for the word music the words physical cul- 
ture are substituted. 



46 SCHOOL LAWS OF INDIANA 

E. Kindergarten. 

Valid to teach for the period designated in the kindergarten schools of 
the state that are supported in whole or in part by pubhc funds. The sub- 
jects in the examinations are kindergarten theory and practice and English. 
AppUcants who have had training in kindergarten colleges whose courses 
measure up to the standards fixed by the State Board of Education will be 
classified according to the requirements for other supervisors, as above 
indicated. The license will be issued for twelve, twenty-four, and thirty-six 
months, in accordance with the rules applying to other licenses of these 
grades, including the requirements as to registration. 

F. By Validation. 

(1) Life License. A life license from another state that has been granted 
upon an examination equivalent to the life license examination in Indiana may 
be countersigned by the superintendent of public instruction. When so 
signed, it becomes valid for life in any of the public schools of the state. 

(S) State Normal Diplomas. A State Normal diploma that represents 
three full years' normal school work, preceded by four years' high school 
work, may be countersigned by the superintendent of public instruction, 
provided the holder of it has taught successfuly for two years since gradua- 
tion. When so signed, it becomes valid for life in any of the public schools 
of the state. 

G. Exemption. 

(1) Persons who have taught successfully six consecutive years in the 
public schools of the state and hold a thirty-six months' state license are 
entitled to an exemption license in the subject or subjects included in the 
thirty-six months' state Kcense. 

(2) To teachers contracting on exemption licenses, the minimum wage 
law applies on the same basis as to Class C teachers, the minimum daily wage 
of such teachers being an amount not less than that determined by multi- 
plying three and one-half cents by the general average on the exemption li- 
cense increased by the addition of 2 for full attendance at the County In- 
stitute. 

(3) It is recommended that the county superintendents require the 
registration of state exemption licenses, when the holders of such hcenses 
desire to contract to teach within the county. 

3. Licenses Issued by the County Superintendent. 

A. Common School. 

(l) Twelvemonths. (2) Twenty-four months . 3) Thirty -six months . 

B. Primary. 

(1) Twelvemonths. (2) Twenty-four months. (3) Thirty-six months. 

All rules, regulations and requirements are the same for licenses issued 
by the county superintendent as for similar licenses issued by the State 
Superintendent, except that the former are good only in the county of 
issue, and it is not required that they be registered. 

C. Exemption. 

Persons who have taught successfully six consecutive years in the public 
schools of the state and hold a thirty-six months' county license issued prior 



SCHOOL LAWS OF INDIANA 47 

to September 1, 1915, are entitled to an exemption license valid in that 
county in the subject or subjects included in the thirty-six months' license. 
Note. A county exemption can not be issued on a thirty-six months' license ob- 
tained after September 1, 1915. 

4. State Normal Diplomas Valid as Life State Licenses. 

The State Normal School is empowered by law to grant, two years after 
graduation, to all of its graduates who have given satisfactory evidence of 
professional ability to instruct and manage a school, diplomas which en- 
titled them to teach for life in any of the schpols of the state. Until they have 
had two years' successful experience after graduation State Normal graduates 
must submit to examination the same as all other teachers. 

State Normal Diplomas granted to graduates of the Indiana State Normal 
School, who have taught successfully two years after graduation, meet all 
license requirements, except as indicated in (6) and (7) below, and the mini- 
mum wage law applies to such graduates as follows: 

(1) Holders of State Normal Diplomas, with two years' experience 
are in Class B, and their daily wage shall not be less than an amount deter- 
mined by multiplying three cents by 90, provided that 2 shall be added to 
the 90 for attending the county institute the full number of days. 

(2) Holders of State Normal Diplomas with three years' experience are 
in Class C, and their daily wage shall not be less than an amount determined 
by multiplying three and one-half cents by 95, provided that 2 shall be added 
to the 95, for attending the county institute the full number of days. 

(3) Holders of State Normal diplomas with five or more years' experi- 
ence, at least two of which have been taught as Class C teachers, are in Class 
D and their daily wage shall not be less than an amount determined by 
multiplying four cents by 95, provided that 2 shaU be added to the 95 for 
attending the county institute the full number of days. 

(4) State Normal diplomas meet only the license requirements and 
teachers holding such diplomas must be classified on the basis of all statu- 
tory requirements. 

(5) Holders of State Normal diplomas have the privilege of taking the 
regular teachers' examination to raise the grades used as a basis for de- 
termining their minimum wage. 

(6) The holder of a diploma from the State Normal school is required 
to take the examination in pre-voeational subjects in order to be qualified 
to teach such subjects, unless the holder of the diploma had thirty-six weeks' 
training in the pre-vocational subject or subjects he desires to teach, as a part 
of his course in the State Normal School. 

(7) It is recommended that the county superintendents require the 
registration of State Normal diplomas when the holders of such diplomas 
desire to contract to teach within the county. 

5. Temporary Permits. 
County superintendents may issue at their discretion, if requested to do 
so by a school board or township trustee, temporary permits to teach. Such 
permits may be granted only to applicants who meet the minimum profes- 
sional training requirements fixed by law and who have not failed in any regu- 
lar examination during the current examination year preceding the date of 
apphcation for a permit. A county permit is valid until ten days after the 



48 SCHOOL LAWS OF INDIANA 

next teachers' examination following the date of its issuance, and for the pur- 
pose of classification a county permit is equivalent to a 12 months' license 
with an average of 85 per cent. 

OTHER EXAMINATIONS. 
1. By the State Board of Education. 

A. High School Equivalency. 

This examination is for the benefit of those who have not had a 
regular high school course in a certified or commissioned school. The 
examination is held by the county superintendent but the papers are 
marked by the state board of education. A fee of fifty cents is charged for 
the first trial in each division. Students conditioned in high school equiva- 
lency subjects may write upon such subjects after the first trial without an 
additional fee. Success in this examination quaUfies for the Normal 
Training. The questions and requirements are as follows: 

First Division. — Last Saturday of January, April, June and August. 

Six questions in Algebra. 

Six questions in Latin or German. 

Six questions in Botany or Zoology. 

Fourteen questions in English. 

Second Division. — Last Saturday of March, May. July and October. 

Eight questions in Geometry. 

Six questions in Physics or Chemistry. 

Ten questions in General History and Civics. 

Six questions in Physical Geography. . 

B. A passing grade is a general average of 85 per cent with no 
grade below 75 per cent. 

An applicant falling below in no more than one subject in each division 
may be conditioned in that subject provided he meets the general average 
requirements in the other subjects of that division. This condition may be 
removed at some subsequent examination within the same calendar year. 
Both divisions of this examination must be taken in one calendar year. 

NOTES. 

1. All the examination questions for licenses and high school equiva- 
lency are prepared by the state board of education. 

2. All examinations, except those for professional and life state cer- 
tificates, are held by the county superintendents. These examinations are 
held on the last Saturday of the following months: January, March, April, 
May, June, July, August and October. The State Superintendent does not 
hold examinations and no special examinations are held by county superin- 
tendents. 

3. Applicants desiring a Ueense good in all counties of the state must 
send their manuscripts to the Department of Pubhc Instruction to be graded. 
A fee of seventy-five cents must accompany each manuscript with the ex- 
ceptions indicated under the requirements for common school license, ap- 
pearing elsewhere in this bulletin. The fee is required for all Ucenses issued 
by the state superintendent; common school, primary, high school, supervisor 
and kindergarten. An applicant who writes upon more than one supervisor 
subject must pay seventy-five cents for each subject taken. 



SCHOOL LAWS OF INDIANA 49 

4. Manuscripts sent to the state superintendent must be designated 
by number. A manuscript containing the author's name, or any other means 
of identification, will not be graded. At the time of the examination the 
county superintendent should give each applicant a receipt showing the num- 
ber of his manuscript. 

5. No licenses issued by the State Superintendent are delivered to the 
applicants, but all such licenses are forwarded to the county superintendents 
in whose respective counties the examinations were taken, and then delivered 
by the county superintendents to the appUeants. 

6. All common school, primary, high school, supervisor, and kindergarten 
state licenses are required by law to be registered by the county superinten- 
dent in whose county the holders are to teach. The state board of educa- 
tion also recommends that professional and life state licenses, and State 
Normal diplomas be registered likewise. County licenses are not trans- 
ferable from one county to another. 

7. At the beginning of each examination all applicants who are strangers 
must be identified both as to given and surnames. 

8. The power to revoke all county and state licenses rests with the 
county superintendent. The causes for revocation are incompetency, im- 
morality, cruelty, or general neglect of the business of the school. 

9. All appUcants who have taken their training outside of the state, 
must send to the State Department certified records of their high school and 
professional training for the purpose of determining their classification as to 
Class A, B and C standing, before their licenses can be issued. 

10. All supervisors and high school manuscripts must be sent to the state 
Department for grading according to the law passed in 1915. No county 
Ueenses'are issued in high school or supervisor subjects. 

11. All high school manuscripts must contain Science of Education, and 
no high school license can be issued without this subject. ^ 

12. No fees are required for exemption licenses.- 

13. No hcense will be issued by the State Superintendent until the ap- 
plicant, has a certificate' of professional training on file in the State Depart- 
ment. 

[Acts 1873, p. 68. Approved March 8, 1873.] 

26. Pay and Mileage of Board. 156. The members of said board, 
other than the Governor and state superintendent of public instruction, shall 
be entitled to receive for their services, while actually engaged in the duties 
of their office, five dollars per day and five cents per mile necessarily traveled 
while so engaged ; which amount shall be certified by the board to the auditor 
of the state, who shall draw his warrant therefor, payable out of the general 
fund, which sum shall be reimbursed to the general fund by the treasurer 
of the board paying into it that amount out of the money received by him a,s 
fees for certificates; and if there be any residue of money received as such 
fees, it shall be expended by the superintendent of public instruction in the 
purchase of suitable books for an office library. Said board shall be allowed 
the necessary expenses incurred in the discharge of the duties required of 
the same, for clerk hire, postage, etc. ; which expenses shall be paid as the 
expenses of the members of the board are paid. (§6319.) 

8554 — 1 



50 



SCHOOL LAWS OF INDIANA 



CHAPTER IV. 

County Superintendent. 



Sec. 



27. 


County superintendents — Election 


44. 




— -Term. 


45. 


28. 


Impeachment . 


46. 


29. 


County Superintendent — Qualifica- 


47. 




tions. 


48. 


30. 


Salary in the several counties. 


49. 


31. 


Additional salary. 


50. 


32. 


Traveling expenses. 


51. 


33. 


Assistant — Appointment . 


52. 


34. 


General duties. 


53. 


35. 


Cities exempt. 


54. 


36. 


Visits by city and county superin- 


55. 




tendents. 


56. 


37. 


Examinations for graduation. 


57. 


38. 


Schools — Examination for teacher's 
license. 


58. 


39. 


Examination studies. 


59. 


40. 


State board of education — Fixing 
averages. 


60. 


41. 


Temporary teaching permits. 


61. 


42. 


Professional license — Bight year 


62. 




term. 


63. 


43. 


Exemption from examination. 





Sec. 



Previous exemptions in force. 

Grade of success — Who determines. 

Unfair grading. 

Records of county superintendent. 

Report of State Superintendent. 

Fees on hand — State treasury. 

Act effective. 

May revoke hcense. 

Office — SuppUes. 

Traffic in examination questions. 

When must enumerate. 

Annual reports. 

Apportionment — -Report. 

Duty as to school fund. 

Duty as to interest and loss, school 
fund. 

Appeals from township triistees. 

Appeals from county superinten- 
dents. 

Interest in private normal school. 

Penalty. 

Duty of prosecuting attorney. 



[Acts 1913, p. 165.] 

27. County Superintendents — Election — Term. 1. The township 
trustees of each county of this state shall meet at the office of the auditor 
of their county on the first Monday in June, 1917, at ten o'clock a. m., and 
every four years thereafter, and elect by ballot a county superintendent 
for their county. Such county superintendent shall enter upon the duties 
of his office on August 16th following and unless sooner removed, shall hold 
his office until his successor is elected and qualified. Before entering upon 
the duties of his office he shall subscribe and take an oath to perform faith- 
fully such duties according to law; which oath shall be filed with the county 
auditor. He shall also execute a bond, to the approval of the county auditor, 
payable to the State of Indiana, in the penal sum of five thousand dollars, 
conditioned upon the faithful discharge of his duties, according to law, and 
faithfully to account for and pay over to the proper persons all moneys which 
may come into his hands by virtue of such office. As soon as such bond is 
filed, the county auditor shall report the name and postoffice of the person 
so elected to the State Superintendent of public instruction. Whenever a 
vacancy may occur in the office of county superintendent the said township 
trustees, on at least three day's notice given by the county auditor, shall 
assemble at ten o'clock a. m., on the day designated in such notice at the office 
of such auditor, and fill such vacancy by ballot for the unexpired term. In 
aU elections of a county superintendent the county auditor shall be the clerk 



SCHOOL LAWS OF INDIANA 51 

of such election; and in case of a tie vote the auditor shall cast the deciding 
vote. In case any one candidate shall receive a number of votes equal to 
one-half of all the trustees of the county, the county auditor shall then and 
at all subsequent ballots cast his vote with the trustees until some candidate 
shall receive a majority of all the votes in the county, including the county 
auditor. Such auditor shall keep a record of such election in a book kept for 
that purpose. (§6376.) 

1. Statute. For the statutes concerning impeachment of oflBcers, see §9648. 

2. Meeting of Trustees. The trustees may be compelled by mandamus to 
meet and elect a comity superintendent, but they can not be compelled to elect a par- 
ticular person to the office. If they fail to meet on the proper day, they may thereafter 
meet and elect such officer. — Wampler v. State, 148 Ind. 557; Sacket v. State, 74 Ind. 
486. State v. Harrison, 67 Ind. 71, is overruled by "Wampler's case. 

3. Mode of Election. The auditor has a right to act as the clerk of the board 
of election, keep a record of the same, and give the casting vote in case of a tie. The 
auditor's declaring a person elected does not amount to anything; he has no right 
to make such declaration. It is the duty of the board of trustees to do that, and until 
they finally settle the matter a member has a right to vote. — State v. Kilroy, 86 Ind. 118. 

4. Women Eligible. Any woman, married or single, possessing the quaUflca- 
tions prescribed for men, shall be eUgible to any office under the general or special 
school laws of this state. (§6672.) 

5. Disputed Election. The qualifying of the appointee consists in the execu- 
tion and acceptance of the required bond, and taking and subscribing the oath of office. 
A person who has received the certificate of appointment and taken the above action 
is county superintendent, at least do facto. If the validity of the appointment is dis- 
puted, the right to the office may be tested by a writ of quo warranto against one of the 
claimants. 

6. Judicial Notice. Courts take judicial notice of the year in which county 
superintendents are to be elected. — Wampler v. State, 158 Ind. 557. 

7. Length of Term. A county superintendent, properly elected and qualified, 
holds his office until his successor is elected and qualified. — State v. Sutton, 99 Ind. 300. 

8. Eecohd of Election. The record of a superintendent's election, made by 
the county auditor, is prima facie correct, and is prima facie evidence of such election. 
— State V. Sutton, 99 Ind. 300. 

9. Election by Ballot. In a suit regarding the vahdity of an election the ballots 
are the best evidence, but when they have been lost, it is proper for the jury or court 
to consider the testimony of trustees who cast the ballots, and of those who counted 
them and announced the result. — -State v. Sutton, 99 Ind. 300. 

10. Acquiescence in Election. Where the trustees agreed that the election 
should be by ballot, adhered to that mode throughout and at the time the result was 
announced supposed the result was correctly announced, it was decided by the court 
that an adjournment without an objection was not an acquiescence in the result, and 
that such action did not amount to an acquiescence in the result. — State v. Sutton, 
99 Ind. 300. Without regard to whether the votes of a majority of all the school 
trustees are necessary to the valid appointment of a coimty superintendent, where such 
trustees recognize the appointment as valid, and the appointee qualifies and enters 
upon the duties of the office with the acquiescence of all others, he may compel his 
predecessor to deliver the records of the office to him. — McGee v. State, 103 Ind. 444. 

11. Mandamus. Mandamus is the proper remedy to compel a superintendent to 
turn over the records and furmture of the office to his successor. — McGee v. State, 103 
Ind. 444. 

12. Resignation. Where, without notice of the withdrawal of a resignation 
previously made, the time arrives for ic to take effect, and a successor to the incumbent 
is duly appointed, no formal acceptance of such resignation is necessary to deprive such 
incumbent of title to the office. — McGee v. State, 103 Ind. 444. 

13. Regularity of Appointment. One can not contest the regularity of the 
appointment of a successor, who has become invested with an apparent title, by re- 
fusing to surrender the records of the office. — McGee v. State, 103 Ind. 444. 



52 SCHOOL LAWS OF INDIANA 

14. Trustees Present and not Voting. There were eight trustees, all there 
were in the county, present. Pour voted for A, and the other four declined to vote. 
The chairman announced that the vote was a tie, and the auditor then voted for A, 
and the chairman declared him elected. A quaUfled and demanded the office. It was 
decided that he was duly elected; that there was a quorum present; that he received 
the votes of all those present and voting, which was a majority of the number necessary 
to constitute a quorum, and that he received the necessary number without the vote 
of the auditor, who would only be entitled to vote in case of a tie.— State v. Dillon, 
125Ind.65. 

15. Auditor Voting. Township trustees met at the time required by statute; 
several ineffecttial votes v/ere taken, and on the last ballot one-half of the trustees voted 
for E, and the others voted blanks. A resolution was then offered declaring that E be 
appointed. The vote on this resolution was evenly divided for and against it. The 
auditor then gave a casting vote for the resolution and a certificate of election was 
issued to E. It was held that the election of E was void. — State v. Edwards, 114 Ind. 
581. This case, however, has been modified by the decision in the case cited in note 
14, and it was overruled in State v. McParland, 149 Ind. 266, where it was decided that 
the county auditor is authorized to give the casting vote in case of a tie in all instances, 
regardless of the method adopted in voting. Now the election must be by ballot. 

16. Filing Bond. Mere failure to file the bond within the time required by law 
does not render the office vacant. — Board v. Johnson, 124 Ind. 145. 

The auditor can not refuse to approve the bond on the ground that the superin- 
tendent was corruptly elected. — State v. Board, 124 Ind. 554. 

17. When May be Removed. Formerly a county superintendent could be re- 
moved at a special term of the board of county commissioners. — Fuflord v. Conover, 
139 Ind. 151. But now he must be removed by impeachment in the circuit court. 
—§93. 

IS. Trustee Incompetent. The election of a county superintendent can not 
be declared illegal on the ground that a trustee, whose vote he received, and which was 
necessary to his election was incompetent to hold the office of trustee. — State v. Crowe. 
150 Ind. 455. 

19. Not a Judicial Office. The office of county superintendent is not a .iudicial 
oflace. — Branaman v. Htnkle, 137 Ind. 496. 

20. Notice of Meeting. The trustees meet for a regular election by command 
of the statute, not by virtue of the auditor's call; but it is proper for the auditor to 
notify them of the time of the meeting. On the occurrence of a vacancy, the auditor 
notifies the trustees of the fact and fixes the daj' for them to assemble to fill it. 

21. Reconsideration of Election or Vote. If an election results, and is duly 
declared, the right of the person elected is consummated, and he can not be deprived of 
his office by the subsequent action of the board. — Mitchener, Atty.-Gen. 

22. Recognition by STii.TE Superintendent. It is made the duty of the county 
auditor to report to the superintendent of public instruction the name and address 
of the person appointed. That is the means provided by law for informing the state 
superintendent who has been appointed and he has no power to decide upon the validity 
of an election on information furnished from other sources, evidence ahunde. That 
Is a question for the courts. 

23. Disputed Election. The qualifying of the appointee consists in the execu- 
tion and acceptance of the required bond, and taking and subscribing the oath of office. 
A person who has received the certificate of appointment and taken the above action 
is county superintendent at least de facto. If the validity of the appointment is dis- 
puted, the issues may be joined by an action to replevin the records and properties of 
the office or by a writ of quo warranto against one of the claimants. 

24. Officer de Jure. When a new superintendent is elected and quaUfled, all 
acts of his predecessor are void, which are performed thereafter. — Hord, Atty.-Gen. 

25. City and Town Boards. The president of city and town school boards, can 
not participate in the election of a county superintendent. — Hord, Atty.-Gen. 

26. When May Take Oath and File Bond. The newly elected county superin- 
tendent may file his bond and take the oath of office as soon as he is elected. 



SCHOOL LAWS OF INDIANA 53 

27. A trustee can not vote for himself for superintendent. — Hornung v. State, 116 
Ind. 458, 19 N. E. 151. 

28. If township tiTJstees fail to elect a county superintendent of schools on the 
day fixed by law, they should meet on a subsequent day and elect such officer. — State 
V. Scott, 171 Ind. 349, 86 N. E. 409. 

Note. State Normal diplomas issued by the State Normal School are not sufficient 
to establish the qualification of a person to hold the office of County Superintendent 
of Schools. — State v. Bradt, 170 Ind. 480. 

[Acts 1899, p. 240.] 

28. Impeachment. Any county superintendent may be impeaelied 
for immorality, incompetency or general neglect of duty, or for acting as 
agent for the sale of any text-book, school furniture, maps, charts or other 
school supplies, and such impeachment proceedings shall in all things be 
governed by the provisions of law now in force for impeaching county officers. 
(§6377.) 

[Acts 1911, p. 156.] 

29. County Superintendent — Qualifications. 1. That no person 
shall be eligible to or shall hold the office of county superintendent, who has 
not been actively engaged in school work for a period of not less than two 
years out of the ten years next preceding his election, and hold at the time of 
his election, either three years' state license, a sixty months' license, a life or 
professional license, granted upon examination as now provided by law. 
(§6378.) 

1. The law providing for the issuing of a sixty months' license was rejected by 
Acts 1915, p. 627. 

[Acts 1911. p. 156.] 

30. Salary in the Several Counties. 2. The county superintendent 
shall receive a salary for his services as follows: Adams County, $1,408.50; 
Allen County, $1,408.50; Bartholomew County, $1,408.50; Benton County, 
$1,408.50; Blackford County, $1,408.50; Boone County, $1,408.50; Brown 
County, $900.00; Carroll County, $1,400.00; Cass County, $1,408.50; Clark 
County, $1,408.50; Clay County, $1,408.50; Clinton County, $1,408.50; 
Crawford County, $1,400.00; Da^dess County, $1,408.50; Dearborn County, 
$1,408.50; Decatur County, $1,408.50; Dekalb County, $1,408.50; Delaware 
County, $1,408.50; Dubois County, $1,408.50; Elkhart County, $1,408.50; 
Fayette County, $1,408.50; Floyd County, $1,408.50; Fountain County, 
$1,408.50; FrankUn County, $1,408.50; Fulton County, $1,408.50; Gibson 
County, $1,408.50; Grant County, $1,408.50; Greene County, $1,408.50; 
Hamilton County, $1,408.50; Hancock County, $1,408.50; Harrison County, 
$1,408.50; Hendricks County, $1,408.50; Henry County, $1,408.50; Howard 
County, $1,408.50; Huntington County, $1,408.50; Jackson County, $1,408.50; 
Jasper County, $1,408.50; Jay County, $1,408.50; Jefferson County, $1,408.50; 
Jennings County, $1,408.50; Johnson County, $1,408.50; Knox County, 
$1,408.50; Kosciusko County, $1,408.50; Lagrange County, $1,408.50; Lake 
County, $1,408.50 ;'Laporte County, $1,408.50; Lawrence County, $1,408.50; 
Madison County, $1,408.50; Marion County, $1,408.50; Marshall County, 
$1,408.50; Martin County, $1,408.50; Miami County, $1,408.50; Monroe 
County, $1,408.50; Montgomery County, $1,408.50; Morgan County, $1,- 
408.50; Newton County, $1,408.50; Noble County, $1,408.50; Ohio County, 



54 SCHOOL LAWS OF INDIANA 



).00; Orange County, $1,408.50; Owen County, $1,408.50; Parke County, 
$1,408.50; Perry County, $1,408.50; Pike County, $1,408.50; Porter County, 
$1,408.50; Posey County, $1,408.50; Pulaski County, $1,408.50; Putnam 
County, $1,408.50; Randolph County, $1,408.50; Ripley County, $1,408.50; 
Rush County, $1,408.50; Seott County, $1,000.00; Shelby County," $1,408.50; 
Spencer County, $1,408.50; Starke County, $1,408.50; Steuben County, 
$1,408.50; St. Joseph County, $1,408.50; Sullivan County, $1,408.50; Swit- 
zerland County, $1,400.00; Tippecanoe County, $1,408.50; Tipton County, 
$1,408.50; Union County, $1,325,00; Vanderburgh County, $1,408.50; Vigo 
County, $1,408.50; VermilHon County, $1,408.50; Wabash County, $1,408.50; 
Warren County, $1,408.50; Warrick County, $1,408.50; Washington County, 
$1,408.50; Wayne County, $1,408.50; WeUs County, $1,408.50; White 
County, $1,408.50; Whitley County, $1,408.50. (§6400.) 

[Acts 1913, p. 77.] . 

31. Additional Salary. 1. That in counties containing more than 
seventy-seven thousand inhabitants, according to the last preceding United 
States census, the board of county commissioners of each of such counties 
shall be, and hereby is, authorized, upon the petition of fifty resident free- 
holders of such county to allow an addition to the salary of the county super- 
intendent of schools therein, such as in the judgment of such board the con- 
ditions in such county and the work required of such superintendent therein 
may justify, not exceeding one thousand dollars a year payable to such coun- 
ty superintendent of schools in monthly instalments out of the treasury of 
the county. (§6400a.) 

[Acts 1911, p. 156.] 

32. Traveling Expenses. 3. The traveling expenses of the county 
superintendent, not exceeding one hundred dollars ($100) annually, incurred 
while in the discharge of his official duties within his county shall be paid by 
the county treasurer upon a warrant issued by the county auditor. The 
county superintendent shall make affidavit to the county auditor, before 
such warrant shall issue from the county auditor to the county treasurer. 
(§6400b.) 

33. Assistant — Appointment. 4. The board of county commis- 
sioners may authorize the county superintendent to appoint an assistant 
to assist him in the execution of his official duties if in their judgment such 
an assistant is necessary. Such assistant shall be appointed by the county 
superintendent and shall work under his direction and supervision. Such 
assistant shall receive for his services rendered, an amount not to exceed 
three dollars per day for not to exceed one hundred and twenty days in any 
one year. Such amount to be paid by the county treasurer upon warrant 
issued by the county auditor. (§6400e.) 

[Acts 1889, p. 240. Approved March 3, 1899.] 

34. General Duties. 4. The county superintendent shall have the 
general superintendence of the schools of his county, he shall attend each 
township institute at least once in each school year, and as often thereafter 
as possible, and preside over and conduct its exercises. He shall visit schools 
while they are in session for the purpose of increasing their usefulness and 



SCHOOL LAWS OF INDIANA 55 

elevating, as far as practicable, the poorer schools to the standard of the 
best. He shall conduct teachers' institutes and encourage other like associa- 
tions, and shall labor, in every practicable way, to elevate the standard of 
teaching and to improve the condition of the schools of his county. In aU 
controversies of a general nature arising under the school law, the decision 
of the county superintendent shall first be obtained; and then an appeal, 
except on local questions relating to the legahty of school meetings, estab- 
lishment of schools, and the location, building, repair or removal of school- 
houses, or transfer of persons for school purposes and resignation and dis- 
missal of teachers, may be taken from his decision to the state superintendent 
of public instruction on a written statement of facts, certified to by such coun- 
ty superintendent. Nothing in this act, however, shall be construed so as to 
change or abridge the jurisdiction of any court in cases arising under the 
school laws of this state; and the right of any person to bring suit in any 
court in any case arising under the school laws shall not be abridged by the 
provisions of this act. He shall at all times carry out the orders and in- 
structions of the state -board of education and the state superintendent of 
public instruction, and shall constitute the medium between such state super- 
intendent and subordinate schools officers and the schools. (§6379.) 

1. Cahe and Oversight. The superintendent has the care and oversight of the 
schools of his county, with authority to direct in their organization and management. 

2. PowEK AS TO Course oi' Study and Rules. The management and control 
of the schools is conferred by law upon the trustees, and this power involves the right 
to prescribe a course of study and make rules and regulations. But the trustees also 
appoint a county superintendent, who, in a large department of school government, 
is the representative and agent of the trustees, and to him their powers are delegated so 
far as is necessary to successful administration. If neither the county board of educa- 
tion nor the trustees individually have taken the necessary action, the superintendent 
may arrange a course of study and direct its enforcement in the schools, and may make 
reasonable rules and regulations, and the refusal of a teacher to obey the superinten- 
dent in these particulars would be such "neglect of the business of the school" as would 
warrant a revocation of his license, or would indicate such incompetence "to success- 
fully teach" as would warrant a refusal to grant him another hcense. 

3. Liability. A county superintendent is not Uable for his oflacial acts, unless 
they were wanton and maUcious, where he has a discretion in their performance. — 
Branaman v. Hinkle, 137 Ind. 496; Elmore v. Overton, 104 Ind. 548. 

35. Cities Exempt. 5. City schools, however, having duly appointed 
superintendents, shall be exempt from the general superintendence authorized 
by this act, upon a written request of the school board of said cities that such 
supervision be not extended to such cities by the county superintendent. 
(§6386.) 

[Acts 1903, p. 291.] 

36. Visits by City and County Superintendents. 2. It shall be the 
duty of the citj^ town and county superintendents of schools to visit each year 
the teachers under their charge and supervision, and from personal inspection 
and otherwise make an itemized statement and grading of the success of each 
teacher under their charge, and in accordance with the rules and schedule 
of the state superintendent of public instruction, as provided in section 1 of 
this act. (§6380.) 



56 SCHOOL LAWS OF INDIANA 

37. Examinations for Graduation. 6. The county superintendent 
shall provide for the examination of aU applicants for graduation in the com- 
mon school branches from township, district or town schools during the 
months of March, April and May, and furnish them certificates of gradua- 
tion, if in the judgment of the county superintendent they are entitled thereto, 
which shall entitle the recipients to enter any township, town or city high 
school of the state if he be otherwise entitled to the privileges thereto. 

He shall likewise provide for the examination of all applicants for gradua- 
tion from the township graded or town graded high schools not employing a 
superinterdent dm-ing the months of April, May and June and furnish them 
certificates of graduation, if entitled thereto. He shall attend as many com- 
mencements as he can of the township and town schools, and also of the 
township and town high schools. He shall hold one preliminary institute in 
each township in his county before the schools for that school year 
open, for the purpose of helping the teachers in the organization of their 
schools and giving any other needed assistance, but instead of holding 
such preliminary institutes in each township, he may hold a joint institute 
for two or more adjoining school corporations. (§6387.) 

1. A common school graduate is entitled to high school privileges, including a 
high school transfer if there be no high school maintained in his own school corpora- 
tion. 

[Acts 1915, p. 627.] 

38. Schools — Examination for Teacher's License. 1. That the 
county superintendert shall hold one public examination on the last Satiu*day 
of January, March, April, May, June, July, August and October of each 
year, and at such examinations, shall examine by a series of questions fur- 
nished by the state board of education, all applicants for license as teachers 
in the common schools of the state and that no special examinations shall be 
held. No examination shall extend over a period of more than t^o days, 
and all examinations shall be conducted in the immediate presence of the 
county superintendent or his representative, pursuant to such institutions 
(instructions) and directions as the state board of education may provide. 
Before any applicant may be examined he shall produce to the county super- 
intendent a certificate of good moral character from a school trustee of the 
county then in office, or other satisfactory written evidence of good moral 
character, which certificate or other evidence shall be marked "filed" on that 
date by such county superintendent and preserved as an office paper. AU 
apphcants for license in high school subjects and special branches, as herein- 
after provided shall have their manuscripts sent to the state superintendent 
of public instruction for gradation. All applicants for Hcense in elementary 
school subjects, as hereinafter provided shall have the right to elect whether 
they will have their manuscripts graded by the county superintendent for 
county license or graded by the state superintendent of public instruction 
for state license. Apphcants for county license, shall if successful, receive 
license which shall be taken as qualifying the person to whom granted, so 
long as- in force, to teach the subject or subjects indicated by the license in 
the elementary schools of the county wherein it is issued, and apphcants for 
state license shall, if successful receive license which shall be taken as quali- 
fying the person to whom granted so long as in force, to teach the subje t or 
subjects indicated by the license anyTvrhere within the state: Provided, how- 



SCHOOL LAWS OF INDIANA 57 

ever, A state license must be registered witli the county superintendent of the 
county wberein it is to be used and endorsed by said superintendent as regis- 
tered before the holder may legally contract to teach in any school corpora- 
tion in the county. Applicants who send their manuscripts to the state 
superintendent of public instruction for gradation, shall before the examina- 
tion begins pay to the county superintendent a fee of seventy-five cents (75c) 
for each manuscript to be sent. The county superintendent shall issue his 
receipt for aU fees paid under the provisions of this act, and shall immediately 
send such fees, together with the manuscripts, to the state superintendent 
of public instruction, who shall issue his receipt therefor to the county super- 
intendent. The state superintendent of pubUc instruction shall use such 
funds in the employment of a sufficient number of qualified persons to grade 
the manuscripts and perform the services incident to the operation of the 
license system instituted by this act. All manuscripts sent to t)ie state 
superintendent of public instruction shall be designated by number, and the 
state superintendent of public instruction shall refuse to receive any manv- 
script bearing the name of the applicant, or any other means of identification of 
the applicant. As soon as the manuscripts are graded and their success or fail- 
ure determined, according to the requirements hereinafter provided, the state 
superintendent of public instruction shall report the success or failure of the 
manuscripts by number to the county superintendent, whereupon the county 
superintendent, shall immediately forward to the state superintendent of 
public instruction the names of the successful applicants in his oounty to- 
gether with tlieir success grades and any other data required by the state 
superintendent of public instruction for the purpose of issuing the license. 

1. Appeal. If an applicant for a license is not satisfied with the grading of his 
county superintendent he may appeal to the superintendent of public instruction; 
and if, on the other hand, any patron of a school thinks that a teacher thereof has been 
too hterally graded, the same right of appeal exists in such patron as in the applicant 
for a license. 

2. Incompetent Teaches. A county siiperintendent may refuse to Ucense a 
teacher whom he knows to be incompetent to teach. There are two ways that such 
knowledge may come to him: 1. From personal visitation and inspection of his 
school work. 2. From statements made by those in a position to inspect such work. 

3. Poweks of Superintendent not Judicial — Liability. The county super- 
intendent belongs to the executive department of the government ; he acts in neither a 
Judicial nor quasi-judicial capacity in licensing persons to teach, and he has a discre- 
tion on the subject of licensing teachers, which is so far analogous to judicial discre- 
tion that he is protected from any claim for damages on account of any mistake in his 
decisions, or error in judgment, either in granting or withholding a Ucense. Yet he is 
Uable in damages for mahciously withholding a Ucense to teach from an applicant 
lawfully entitled to receive the same, and he will be held to have acted maUciously 
where he acts either from wilful and wicked or from corrupt motives. — Elmore v. 
Overton, 104 Ind. 548. 

4. License and Certificate. There is no legal distinction between the granting 
of a Ucense to teach and the act of issuing a certificate of that fact. The terms are con- 
vertible, and the "Ucensing" impUes the issuing to an applicant of a written permission 
to teach in the pubUc schools. — Elmore v. Overton, 104 Ind. 548. 

5. Inasmuch as the law requires that a beginning teacher must possess a twelve 
month's Ucense the provision concerning six months' Ucenses has become obsolete. 

6. Discretion. Reasonable discretion of the county superintendent can not be 
controlled by the courts. 

7. Mandamus. Mandamus will not lie to compel the issuance of a teacher's 
certificate by the county superintendent; the superintendent being vested with a dis- 



58 SCHOOL LAWS OF INDIANA 

cretionary power, the court may compel him to act upon an apphcation, but can not 
control his discretion. The mode of procedure in such case is an appeal to the superin- 
tendent of public instruction, and if after hearing the case he orders the county super- 
intendent to issue a certificate, mandamus would lie to compel him to do so. 

8. MiNisTEEiAL Duty. Mandamus is the proper action to compel an officer to 
perform any ministerial duty, but mandamus will not lie to compel the performance 
of any discretionary duty. 

9. Liability. If a county .superintendent make an honest mistake in his judgment 
as to his duties under the law, or as to facts submitted to him,- where he has a discretion, 
it will not render him liable for damages. — Branaman v. Hinkle, 137 Ind. 496; Elmore 
V. Overton, 104 Ind. 548. 

10. Music. Notwithstanding this section does not require an applicant for a 
Ucense to be examined in music, yet the school trustee may require music to be taught 
in the schools. ^ — Myers PubUshing Co. v. White River School Township, 28. App. 
91; 62 N. E. 66. 

11. Loss of Cehtificate, etc. The certificate is only the evidence of a Ucense. 
It follows that if a teacher loses his certificate he remains licensed, and should be so 
treated, provided he can prove the facts. In such case a dupUcate certificate may be 
issued from the superintendent's record. The failure of an appUcant upon examination 
does not affect a License previously issued to 'such applicant, or afford ground for its 
revocation. 

12. Illegal Issues of Licenses. If a new superintendent finds that licenses 
have been illegally issued by his predecessor, he should cancel the records and certifi- 
cates thereof, and notify the school trustees in the county of such action. Before taking 
this action he should carefully investigate the facts, and notify the parties interested, 
giving them an apportunity to show that their licenses are vahd. 

13. Special teachers do not need general licenses, but must be Ucensed in the 
subjects they teach. 

14. Additional Bkanches. Ordinarily, an examination in the enumerated sub- 
jects is sufficient, but when a person is to teach other branches, his proficiency therein 
should not be left to conjecture. He should be examined by the county superintendent 
in such "other branches" as he is expected to teach. TMs is expressly stated in the law 
in case a district school meeting has designated additional branches, and is an obvious 
inference in all cases where additional branches are to be taught. 

15. Peincipal and High School Teachebs in Town and City Schools. I 
think the spirit of the law is fully complied with when high school teachers pass examina- 
tion in such branches and only such as they are required to teach. If an applicant is 
to teach say Latin, geometry, general history and physics, I see no good reason for 
requiring him to pass on the "eight common school branches." The intention of the 
law clearly is that a teacher's fitness to teach should be based on a knowledge of the 
branches he may be required to teach. 

16. Teaching Without License. Persons can not be employed or permitted 
to teach in the common school unless they hold a license of some grade issued in pur- 
suance of law. — State v. Bradt, 170 Ind. 480. 

[Acts 1915, p. 629.] 

39. Examination Studies. 2. Apnlieants for license to teach in the 
elementary schools shall be examined in orthography, reading, writing, 
arithmetic, geography, EngUsh Grammar, physiology and scientific temper- 
ance, United States history, literature, and the science of education, and in 
sncb additional branches as they are or may hereafter be legally required to 
teach. The examination for license in the above named subjects may be 
divided according to such plan as may be devised by the state board of educa- 
tion, so that applicants may take one division on one examination, and if 
successful upon the fu-st division, the second division at the next examination, 
Provided, however, That any applicant for such li .-ense shall have the right to 
take both divisions at the same examination. 



SCHOOL LAWS OF INDIANA 59 

One fee shall be sufficient for both divisions, provided the applicant does 
not fail in eitlier division. Appheants for license in high school subjects 
shall be examined in as many subjects as they desire to take from the list of 
subjects offered by the state board of education, Provided, however, All appli- 
cants shall be examined in tt e science of education. Applicant's for super- 
visor's and special teacher's license in. agriculture, industrial arts, domestic 
science, kindergarten, music, drawing, physical culture, or other special 
branches required to be taught shall be examined in such subjects as they 
elect from the foregoing Ust or such additional special branches as may be 
provided. 

40. State Board of Education — Fixing Averages. 3. The state 
board of education shall determine the grades and averages required for 
issuing licenses, and whenever an applicant shall be found upon examination 
to possess knowledge sufficient in the judgment of tne 'ounty superintendent 
or state superintendent to entitle him to a license in the subject or subjects 
in which he is examined, he shall be issued a county license or a state license 
for twelve months, twenty-four months, or thirty-six months, according to 
the requirements established: Provided, That licenses issued upon the O-^tober 
examination for less than twenty-fonr months, shall expire July 3l of the 
year following the examination ; and Provided further, That any applicant for 
hcense in elementary subje-'.-ts who fails in only two subjects shall be condi- 
tioned and allowed to write upon such subjet-ts at the next regular examina- 
tion during the ci;rrent year. The general average of the branches shall in- 
dicate the applicant's academic standing, whi^h shall be the basis of issuing 
a license to a teacher witho'it experienrie. The general average or the branches 
and the per cent placed upon the apphcant's school room success shall "^o'lnt 
one -half in determining the average of a teacher who is entitled to a success 
grade: Provided, however, That the success grade last issiied shall be taken 
as the legal success grade. 

41. Temporary Teaching Permits. 4. County superintendents are 
hereby authorized to issue at their discretion temporary county permits to 
teach, dated to expire on the date of the next s iceeeding general examina- 
tion: Provided, That su3h permit shall not be issued unless the appU-jant has 
met the minimum professional training requirements fixed by law, as shown 
by the proper certificate: Ptovided, further. That such permit shall not be 
issued to any one who has failed on any regular examination during the 
examination year preceding the date of apphcation; and Provided further. 
That such permits may be issued only u,.ion request of school boards or town- 
ship trustee to teachers employed by them. County permits issued upon the 
above named conditions shall be accepted as legal qualifl'^ations to teach; 
for the purpose of classifying teachers, a county permit shall be equivalent 
to a twelve month's license with an average of 85 per cent. 

42. Professional License — Eight Year Term. 5. Any person now 
possessing a thirty-six months' hcense, whose next consecutive Ucense shall 
be for a term of thirty -six months, or any person who shall hereafter receive 
two licenses in succession ea-^h for thirty-six months, may receive upon the 



60 SCHOOL LAWS OF INDIANA 

expiration of such several licenses, a license for the term of eight years upon 
examination held by the state board of education. Such license shall be issued 
only apon the approval of the state board of education, and shall be styk d a 
professional li;^ense, and shall entitle the holder to teach in any of the schools 
of this state. 

43. Exemption from Examination. 6. Any person who has previously 
taught for six (6) consecutive years in the common schools of the state, or 
who shall hereafter complete six (6) consecutive years of experience in 
s'jch schools, and who shall at this time hold a thirty -six months' license 
to teach in the elementary or high schools of the state, or who shall hereafter 
obtain s'.ich thirty-six months' license to teach therein, so long as he shall 
teach the branch or branches UDon which the Ucense was issued, shall be 
forever afterward exempt from examination, but if such person shall, after 
said exemption occurs, suffer a period of one year to pass without having 
taught one full school year in the common schools of the state within said 
period or served in said schools, except in case of physical disabihty, properly 
certified to by a reputable physician, or except in ease of attending for a full 
school vear a recognized university, college or normal sjhool, then said ex- 
emption shall cease. If said person during such exemption, shall seek employ- 
ment to teach other or higher branches in the common schools of the state than 
those branches which were included in the examination upon which the thirty- 
six months' hcense was issued, then he shall be examined in such additional 
branches. The exemption shall apply to all thirty-six months' county licenses 
issued prior to September 1, 1915, and expiring thereafter, and to all thirty- 
six months' state Ucenses: Provided, That an exemption acquired upon a 
license issued by a county superintendent shall be Umited to the county in 
which such license was issued. An applicant for a state exemption shall pre- 
sent a certified statement from a county superintendent showing where and 
when such teacher has taught, and the license upon which the request for 
exemption is based. If the exemption is granted, the superintendent of pubhc 
instruction shall atta'-h the exemption to the orginal Ucense. 

44. Previous Exemptions in Force. 7. All exemptions heretofore 
acquired shall remain in full force so long as the holders thereof shall comply 
with the terms of section 6 of this act. 

45. Grade of Success — Who Determines. 9. The county superin- 
tendent shall determine the grade of success of teachers employed in the 
township schools, and the superintendents of incorporated school cities and 
school towns shall determine the grade of success of teachers employed in 
such corporation. For the purpose of determining such success grades, <5ity, 
town, and jounty superintendents are required to visit each year the teachers 
under their charge and supervision and make personal inspection of the work 
of such teachers, and each school superintendent shall issue over his signa- 
ture and deliver to each teacher under his supervision, not later than July 
J, each year such statement of the success of each as is contemplated herein, 
and shall keep on file in a permanent record book, duplicate of all such state- 
ments, also, 'ity and town superintendents shall file with the county super- 
intendent dupheates of all success grades within ten days after their date of 



SCHOOL LAWS OF INDIANA 61 

issuance. A teacher's success grade so issued shall be liis legal success grade 
for one year from'the date of its issuance. 

SCHEDULE OF SUCCESS ITEMS. 
THE TEACHER 100 % 

A. Teaching Power 45 % 

Many items enter into this, but the principal ones are prepara- 
tion of lesson, skill in presentation, and results attained. 

B. Government 35 % 

The teacher's power in government is shown in the general spirit 
of the school, and in the attitude the pupils take toward their daily 
tasks, toward each other and toward the school property. 

C General CHAnACTEHis'rrcs 20 % 

Under this head the personality of the teacher, his professional and 
conmninity interest, and all those qualities that make for the best 
citizenship should be considered. 

The city and town superintendents should hand the success grades to their teachers 
not later than July 1st, each year, and forward copies of the same to the county super- 
intendents, who will keep the official success records for the coxmties. The success 
grades of all teachers employed by township trustees are issued by the county superin- 
tendent. 

1. Appeal. On appeal, all papers must be filed with the county superintendent, 
and by him be sent to the state superlntendeno of public instruction. 

46. Unfair Grading. iO. Tlie state superintendent of public instruc- 
tion is hereby authorized to investigate and revise such cases of unfair grading 
in the items of a teacher's success, as may be brought to his attention in a 
written appeal, make [made] and sworn to before any person authorized to 
administer oaths, not later than thirty days after the issuance of said grade. 
All such sworn statements and papers relating to the case shall be filed with 
the county superintendent of schools, and shall by him be forwarded to the 
state superintendent of public instruction within ten days after the filing of 
such appeals. 

47. Records of County Superintendent. 11. The county superin- 
tendent shall keep a record of minutes of his proceedings, and shall deliver 
such record, and all other books, papers, and property appertaining to his 
office to his successor. He shall also keep a record of all applicants for license 
and the kind and length of the license issued to each successfid applicant, 
as well as the names of the teachers whose licenses he revokes. He shall report 
to the state superintendent of pubhc instruction the names of those whose li- 
censes he revokes and the date of such revocation. 

48. Report of State Superintendent. 12. The state superintendent 
of public instruction shall keep a complete record of all fees and manuscripts 
received by him, and also, a record of all licenses issued by him, showing the 
name of the person to whom issued and for how long, and the grades re- 
ceived by the applicant. He shall make an annual report under oath to the 
governor, giving an itemized statement of the receipts and disbursements 
of moneys contemplated by this a3t, stating for what paid and to whom paid, 
and he shall take receipts for aU expenditures, which receipts shall be kept on 
file. 



62 SCHOOL LAWS OF INDIANA 

49. Fees on Hand — State Treasury. 13. On December 31st of each 
year, if the state superintendent of public instruction shall have on hand, 
any balance after all expenses incurred in performing the ser\dces contem- 
plated in this act have been paid, as hereinbefore provided, he shall pay said 
balance to the treasurer of state, who shaU credit same to the state common 
school tuition fund. 

50. Act Effective. 14. The provisions of this act shall become effective 
September 1, 1915, but nothing in this act shall effect the vahdity of any 
heense granted prior to the above date. 

51. May Revoke License. 9. The county superintendent shall have 
the power to revoke li^-enses heretofore granted by himself or predecessors 
or hereafter granted by the state superintendent of public instruction, for 
incompetency, immorality, cruelty or general neglect by the holder of the 
business of his school. Due notice of such revo'^ation shall be given in writing 
by the county superintendent and an appeal therefrom shall lie to the state 
superintendent of public instruction, and if the same be taken within five 
days after notice is given it shall operate as a stay of proceedings until the 
state superintenden.t of public instruction shall have passed upon such appeal. 
The revocation of the license of any teacher shall terminate his employment 
in the school in which he may have been employed to teach. (§6393.) 

1. Licenses not Contracts. Licenses issued to teach school are not con- 
tracts, and may be revoked for causes specified by law. 

2. Revocation of Licenses. If the license of a school teacher is revoked, such 
teacher may apply to the courts for relief when it is claimed that such revocation is 
illegal ; the remedy for the illegal revocation of a license is by an appeal from the deci- 
sion of the superintendent and not by injunction. — Stone v. Fritts, 169 Ind. 361. 

52. Office — Supplies. 11. The board of county commissioners shall 
provide and furnish an office for the county superintenc^ent of the county, 
allow and pay all costs incurred by him for postage, stationery and records 
in carrying out the provisions of this act, upon his majsing to them satisfactory 
proof thereof . (§6395.) 

[Acts 1905, p. 584. Approved March 10, 1905.] 

53. Traffic in Examination Questions. 533. Whoever shall trade, 
sell, barter or give away, or offer to sell, trade, barter or give away to appli- 
cants for teachers' license, or to any other person; or whoever shall buy, 
purchase, barter, or trade for, or accept, any of the questions [prepared] by 
the state board of education, to be used by county school superintendents 
in the examination of teachers, [or] in any way dispose of or accept any of 
such questions, contrary to the rules prescribed by said state board ot educa- 
tion, shall, on conviction, be fined not less than fifty dollars nor more than 
five hundred doUars. ( §2439.) 

[Acts 1899, p. 488. Approved March 6, 1899.] 

[Acts 1865, p. 3. Approved March 6, 1865.] 

54. When must Enumerate. 40. When any trustee shall neglect to 
file with the county superintendent an enumeration of the children ol the 
township, town or city, as required by section 118, the county supeiintendent 



SCHOOL LAWS OF INDIANA 63 

ohall, immediately after the first day of May in each year, employ a competent 
person to take the same, and allow a reasonable compensation tor such ser- 
vices, payable from the special school revenue of the township; and shall pro- 
ceed to recover the same in the name of the State of Indiana, for the use of said 
reven'ie of said township, by action against the said trustee in his individual 
capacity; and in such suit the county superintendent shall be a competent 
witness. (As amended 1873, §6397.) 

1. In so far as the provisions of the above section affect the trustee, they are 
penal and apply only where he has failed to file any report, and they have no applica- 
tion when a report in proper form, duly verified, has been filed. — Young v. State, 138 
Ind. 206. 

55. Annual Reports. 41. The county siiperintendent shall, on or 
before the fifteenth day of May, annually make out and forward to the 
state superintendent the enumeration of their respective counties, with the 
same particular dis-.rimination required of the trustees. When, however, 
the state superintendent of public instruction, upon examination of the 
enumeration returns of any county, or of any township, town or city of such 
county, finds any evidence that the enumeration is excessive in numbers, or 
otherwise incorrect, he may require the county superintendent to cause the 
enumeration of such county, township, town or city to be retaken and re- 
turned according to the provisions of this act, and the school revenue to be 
distributed to said county upon such corrected enumeration. )f, however, 
the corrected enumeration is received by the state superintendent of public 
instruction too late for the semi-annual apportionment, the state superin- 
tendent of public instruction shall make the apportionment on the last ac- 
cepted enumeration. They sha-U, on or before the fifteenth day of October, 
annually furnish the statistical information which trustees are required to 
report to them in such form as may be prescribed by the superintendent of 
public instruction. They shall also furnish with such statistical report such 
additional information, embodied m a written report, relative to the condi- 
tion of schools, school houses, and the general progress of education, etc., 
in the county, as the state superintendent may from time to time call for. 
On failure of any county superintendent to make his report of enumeration 
by the fifteenth day of May, his county shall be subject to a diminution of 
twenty-five dollars (S25) in the next apportionment of school revenue by the 
state superintendent, and on failure to make his statistical and other reports 
by the fifteenth day of October, his county shall be subject to a diminution 
of ten dollars ($10) in the next apportionment likewise. The sum thus with- 
held may be collected from said county superintendent, on his bond, in a 
suit before a justice of the peace, prosecuted in the name of the state, by any 
person living in said county who has children enumerated for school purposes 
for the current year, who is aggrieved by said diminution. Said suit may be 
commenced within two years from the time when said report is due, and not 
afterward: Provided, That said county superintendent may discharge him- 
self from liability to such suit by a certificate of the postmaster that said 
report was mailed in due time, together with his own affidavit of that tact. 
(As amended 1895, p. 197: §6398.) 

1. Private Institutions. County superintendent are expected to furnish 
statistical and other reports relative to private schools, high schools, colleges, and other 



64 SCHOOL LAWS OJ' INDIANA 

private institutions of learning within tlieir respective counties, so as to enable tlie 
superintendent of public instruction to present a view of all the educational facilities 
of the state. 

2. Mandate. Mandamiis lies to compel the county superintendent to make the 
report required by the above section, and the trustees of a township affected may 
bring the action for such a mandamus. — Young v. State, 138 Ind. 206. 

56. Apportionment — Report. 42. The county superintendent shall 
make out, from the Lists of enumeration and the report of transfers, the 
basis of the apportionment of schoo] revenue to the several townships, towns 
and cities of their respective counties, and parts of congressional township 
of adjoining counties whose congressional township fund is managed in their 
counties, and report the same to the proper county auditors by the first day 
of June, annually, so as to enable county auditors to accurately apportion 
the school revenue for tuition. (§6399.) 

1. Congressional Townships. The basis of apportionment should show, by 
number and range, the congressional townships, or parts of congressional townships, 
wlilch form each civil township, the number of children enumerated in each of such 
parts; also the whole number of children enumerated in each civil townslilp. With 
the basis of apportionment he should file with the auditor a separate statement showing 
what congressional townships whose funds are managed in his county are divided by 
the county Line; also, the number of children enumerated in each part of such town- 
ships. 

[Acts 1873, p. 75. Approved March 8, 1873.] 

57. Duty as to School Fund. 7. The official dockets, records and books 
of account of the clerks of the courts, county auditor, county commissioners, 
justices of the peace, prosecuting attorneys, mayors of cities, and township 
and school trustees, shall be open at all times to the inspection of the county 
superintendent; and whenever he shall find that any of said officers have 
neglected or refused to collect and pay over interest, fines, forfeitures, licenses, 
or other claims, due the school funds and revenues of the state, or have mis- 
applied the school funds and revenues in their possession, he shall be required 
to institute suit in the name of the State of Indiana for the recovery of the same, 
for the benefit of the school funds or revenues and make report of the same to 
the board of county commissioners and to the state superintendent. (§6i02.) 

1. Suit Against Township Thu'stee. A county superintendent may bring an 
action against a defaulting township trustee; but his right to bring such an action does 
not prohibit the successor of such trustee suing his predecessor. — Nichols v. State, 
65 Ind. 512. 

2. See Carr v. State, 81 Ind. 342, concerning the power of county superintendents 
to bring suit. 

3. Enjoining Payment. County superintendents cannot enjoin school trustees 
from unlawfully paying out school funds. — McGreggor v. State, 31 App. 483. 

[Acts 1875, p. 131. In force March 9, 1875.] 

58. Duty as to Interest and Loss, School Fund. 6. Such superin- 
tendent shall see that the full amount of interest on school fund is paid and 
apportioned, and, when there is a deficit of interest of any school fund, or loss 
of any school fund or revenue by the county, that proper warrants be issued 
for the re-imbursement of the same; but no per centum beyond what is 
provided for herein and allowed shall in any case be paid him by said board 
of commissioners . ( §640 1 . ) 



SCHOOL LAWS OF INDIANA 65 

[Acts 1865, p. 3. Approved March 6, 1865.] 

59. Appeals from Township Trustees. 164. Appeals shall be'allowed 
from decisions of the [township] trustees, relative to school matters, to the 
county superintendents, who shall receive and promptly determine the same, 
according to the rules which govern appeals from justices of the peace to 
circuit courts, so far as such rules are apphcable; and their decisions of all 
local questions relating to the legality of school meetings, establishment of 
schools, and the location, building, repair, or removal of school houses or trans- 
fer of persons for school purposes, and resignation and dismissal of teachers, 
shall be final. (§6667.) 

1. Trial of Appeals. When the county superintendent has received a complete 
transcript of the case in controversy, he should fix a day for the trial, and all parties 
to the case should be notified of the subject-matter and the time and place of the 
trial. The case should then be tried de novo. No case should be decided by the super- 
intendent from the transcript alone, without first giving all parties an opportunity to 
be heard. If after sufficient notice either appellee or appellant fails to appear, then, 
and only then, should the case be decided from the transcript. Upon appeal, the case 
is tried de novo upon its merits. 

2. Superintendent's Decision Final. The superintendent's decision pro- 
hibiting the erection of a school house on a location selected by the trustee is within 
his jurisdiction, and is final and binding on the trustee. — Knight v. Woods, 129 Ind. 
101. See Carnahan v. State, 155 Ind. 156. 

3. Refusal to Decide. A reftisal of a trustee to decide a question presented 
properly to him will not prevent an appeal being taken from him; for his refusal is 
a decision against the person who made the request for a decision. — O'Brien v. Moss, 
131 Ind. 99. 

4. Transfer. An appeal lies from a refusal of a trustee to make a transfer of a 
pupil. — Edwards v. State, 143 Ind. 84. 

5. Location of School House. An appeal lies from the trustee concerning the 
location of a school house. — Kessler v. State, 146 Ind. 221; State v. Schmetzer, 156 
Ind. 528. So of a joint school house. — Henricks v. State, 151 Ind. 454. 

6. The remedy for the refusal of a township trustee to establish a school is by an 
appeal to the coxmty superintendent, and not by a writ of mandate. — Nelson v. State, 
168 Ind. 491, 81 N. E. Rep. 486. 

7. The decision of a county superintendent on an appeal from a township trustee 
on the question of location and building school houses, is conclusive as to all persons 
and officers. — Advisory Board v. State, 170 Ind. 439, 85 N. E. Rep. 18. 

60. Appeals from County Superintendent. 165. Appeals shall be 
allowed from the decisions of county superintendents to the superintendent 
of public instruction on all matters not otherwise provided for in the next 
preceding section; and the rules that govern appeals from justices of the peace 
to circuit courts as to the time of taking an appeal, giving bonds, etc., shall 
be applicable in appeals from county superintendents to the superintendent 
of public instruction. ( §6668.) 

1. Procedure. The same rules in regard to the time allowed for taking an ap- 
peal and for making transcript, etc., apply in case of appeals to the state superintendent 
as to the county superintendent. The county superintendent should make a transcript 
of the record, and send it, together with all papers in the case, to the state superin- 
tendent, with his certificate indorsed thereon. He must specifically certify to the facts 
for example, that A B applied for a certificate on a certain day, that upon examination 
a license was refused on certain grounds, that the inclosed papers are those made by 
the applicant, upon which he was rejected. A copy of the questions used and the 
appeal bond should also be sent. In case a refusal to license is based upon the county 
superintendent's personal knowledge, he should make a statement of the facts, verified 
by affidavit, and forward it, together with corroborative testimony, and the testimony 

8554—5 



66 SCHOOL LAWS OF INDIANA 

given in favor of the accused. If an appeal is taken in due form, the state superintend- 
ent may require the county superintendent to forward the papers to him, and upon 
refusal, may visit the county and make an examination into the facts of the case, and 
render a decision that will be binding on all parties interested. 

2. Tbial by State Superintendent. The appeal is tried by the superintendent 
of pubUc instruction upon the papers sent up. Additional affidavits may be filed with 
him and witnesses examined. Parties may appear before him, and a complete trial be 
had, the same as before the county superintendent. An applicant for a license, who 
desires to appeal, should be allowed thirty days from the time the county superinten- 
dent's decision is rendered, not from the time of examination. If the Ucense is denied 
because of immoraUty, the county superintendent should specify in what particular 
the immorality consists. On appeal the superintendent of public instruction can not 
grant a Ucense; he can only order the county superintendent to grant one. Should 
the latter refuse to grant it, a mandamus at the instance of the teacher, would he to 
compel him to obey the direction of the state superintendent. If an appeal is taken 
and the county superintendent refuses to send up the papers, a mandamus will lie to 
compel him to send them. Or the superintendent of public instruction can visit the 
county and try the case there. Merely writing a letter to the superintendent of public 
instruction by the party desiring to appeal, and stating that he appeals from the deci- 
sion of the county superintendent, does not constitute an appeal. The initiatory 
steps must be taken in the matter with the county superintendent. 

3. Appeal as to Whole Cause. An appeal must be taken as to the whole case 
State V. Miller, 63 Ind. 475. 

4. Case Tried De Novo. On appeal the case is tried de novo on its merits. 

[Acts 1901, p. 106. Approved March 6, 1901.] 

61. Interest in Private Normal School. 1. No county superintendent 
shall conduct or assist in the conducting of any private or county normal 
school in this state, or receive any pay or emolument from the management 
of such school. (§6383.) 

62. Penalty. 2. Any person violating the provisions of this act shall 
be fined in any sum not exceeding one hundred dollars, and shall be removed 
from office. (§6384.) 

63. Duty of Prosecuting Attorney. 3. It shall be the dutj^ of the 
prosecuting attorney to bring an action in the name of the State of Indiana, 
on relation of himself, against any one violating the provisions of this act, 
for the enforcement thereof, and he shall recover from the defendant in such 
action a reasonable attorney fee. (§6385.) 



SCHOOL LAWS OF INDIANA 



67 



CHAPTER V. 

Trustee of Townships, and School Trustees of Towns and Cities. 



Sec 




Sec 


64. 


School township. 


91. 


65. 


Oaths. 


92. 


66. 


"Women eligible to school offices. 




67. 


Bond binding. 


93. 


68. 


Township trustee — Assessor — Date 






of election. 


94. 


69. 


Manner of election. 


95. 


70. 


Ballots and ballot boxes. 




71. 


Trustees' term. 


96. 


71a 


Term of township trustee — When 


97. 




eligible. 


98. 


71b 


Schools — Trustees elected — Terms. 


99. 


72. 


Cities excepted. 


100. 


73. 


Trustees' bonds — Vacancy. 


101. 


74. 


Township trustee — Official bond. 


102. 


75. 


General duties. 




76. 


Duration of school term. 


103. 


77. 


Janitors — Care and management of 


104. 




school property. 


105. 


78. 


Towns and cities. 




79. 


Record — Duty as to revenue. 


106. 


80. 


Siirplus special school revenue. 




81. 


Superintendent in cities and towns. 


107. 


82. 


Trustees' reports. 


108. 


83. 


Failure to report. 


109. 


84. 


Neglecting duties. 


110. 


85. 


Failure to serve. 


111. 


86. 


Trustee's accounts. 


112. 


87. 


Examination of trustee and his 
books. 


113. 


88. 


Correction of accounts — Removal. 


114. 


89. 


Trustee to take enumeration — Who 






enumerated. 


115. 


90. 


Enumeration — Where filed— ^Retak- 
ing. 





Soldiers and sailor.s — Enumeration. 
Duplicate lists — Filed with state 
library. 
Township in two or more counties — 

Report. 
County board of education. 
Emergency school township debts 

legalized. 
School township debts legalized. 
School bond sales legalized. 
Funding bonds — Sales legalized. 
Pending litigation. 
School bonds — Issue legalized. 
Pending litigation. 
Township debt certificates legal- 
ized. 
Schools — Bonds legalized. 
Pending litigation. 
Schools — Legalizing township debts 

— Authorizing bonds. 
Advisory board — Provisions for 

payment. 
Payment — Notice. 
Act remedial. 
Schools — Sale of property. 
Sales legalized. 
Legal notices, publication of. 
Repeal. 
Township trustee — Advisory board 

— Transfer of funds. 
Schools — Towns — Election of 

school trustees. 
Supplemental act. 



[Acts 1859, p. 181. Approved March 3, 1859.] 

64. School Township. 1. Each, and every townsMp that now is, 
or may hereafter be, organized in any county in this state, is hereby also declared 
to be a school township, and, as such, to be a body politic and corporate, 

by the name and style of " school township of 

county," according to the name of the township and of the county in which 
the same may be organized; and, by such name, may contract and may be 
contracted with, sue and be sued, in any court having competent jurisdiction. 
(§6404.) 



1. Corporation Distinct. "There are two corporations in Greene County 
[conterminousin territory], with almost the same name. * * * The first is denominated 
a civil township, the second, a school township, * * ■• It must be contemplated that 
the funds, etc., of these two corporations shall be kept separate. It is as an officer of 



68 SCHOOL LAWS OF INDIANA 

the school township, and not as an officer of the civil township, that the trustee has 
authority and power to levy a tax for the erection of school houses, and to expend the 
same for that purpose. We think it must follow that it is as trustee of the school town- 
ship, and not as trustee of civil township, that the trustee must contract for 
the building of school houses. We do not think the trustees of the civil township can 
legally contract for the building of a schoolhouse and make the civil township liable 
therefor." — Carmichael v. Lawrence, 47 Ind. 554; Utica Township v. Miller, 62 Ind. 
230; Harrison School Township v. McGregor, 96 Ind'. 185; Johnson v. Smith, 64 Ind. 
275; Inglis v. State, 61 Ind. 212; Wright v. Stockman, 59 Ind. 65; Winga e v. Harrison 
School Township, 59 Ind. 520. A civil township has no power to make a contract for 
the benefit of school property. — Jackson Township v. Barnes, 55 Ind. 136; Jackson 
Township v. Home Insurance Company, 54 Ind. 184; McLaughUn v. Shelby Town- 
ship, 52 Ind. 114; Mcllwaine v. Adams, 46 Ind. 580; Hornby v. State, 69 Ind, 102. 

2. Actions against school corporations must be brought against them in their 
corporate names, and an action will not lie against the civil township for a demand due 
from the school township.— Teeple v. State, 171 Ind. 268, 86 N. E. 49. 

3. Smts against township trustees relating to school affairs must be brought 
against them as trustees of the school corporations. — Teeple v. State, 171 Ind. 268, 
86 N. E. 49. 

[Acts 1865, p. 3. Approved March 6, 1869.] 

65. Oaths. 166. School officers are hereby authorized and empowered 
to administer all oaths relative to school business appertaining to their 
respective offices. (§6669.) 

1. Note. But school officers can not administer oaths upon any other than school 
matters, and it is held that directors can not administer them at all. County super- 
intendents and trustees may administer oaths to trustees and teachers reporting to 
them, and to witnesses in trials before them. 

[Acts 1881, p. 718. Approved April 14, 1881.] 

66. Women Eligible to School Offices. 1. Any woman, married 
or single, of the age of twenty-one years and upwards, and possessing the 
qualifications prescribed for men, shall be eligible to any office under the 
general or special school laws of this state. (§6672.) 

67. Bond Binding. 2. Any woman elected or appointed to any 
office under the provisions of this act, before she enters upon the discharge 
of the duties of the office shall qualify and give bond as required by law, and 
such bond shall be binding upon her and her securities. (§6673.) 

[Acts 1897, p. 64. Approved February 25, 1897.] 

68. Township Trustee — Assessor — Date of Election. 1. The time 
for holding the election of township trustees and assessors, shall be changed 
from the general election on the first Tuesday after the first Monday in No- 
vember, 1912, to the general election on the first Tuesday after the first 
Monday in November, 1914; and at the general election on the first Tuesday 
after the first Monday in November of every fourth year thereafter. ( §6983 
as amended. Acts 1911, p. 113.) 

69. Manner of Election. 3. The election of said township officers 
shaU be conducted under the provisions of the law governing said general 
elections. (§6985.) 

70. Ballots and Ballot Boxes. 4. The names of the different can- 
didates for said township offices shall be printed on separate ballots of a 



SCHOOL LAWS OF INDIANA 69 

yellow color and deposited in separate ballot boxes from that of the state and 
county ballots. Said ballot boxes shall be painted yellow, and said ballots 
and ballot boxes shall be prepared in conformity with the law governing said 
general election. (§6986). 

[Acts 1901, p. 418. Approved March 11, 1901.] 

71. Trustees' Term. 3. The terms of office of all township trustees 
and township assessors to be elected at the general election in November, 
1904, shall begin on the first day of January, 1905, and thereafter the terms 
of office of aU township trustees and township assessors shall begin on the 
first day of January succeeding their election. (§6989.) 

[Law without signature of Governor. Acts 1917, p. 681.] 

71a. Term of Township Trustee — ^When Eligible. 1. That any 
person who holds the office of township trustee of any township in this state 
for one (1) term or less, shall be eligible to said office for the next ensuing term 
unless otherwise disqualified. And, thereafter, no person shall be ehgible 
to the office of township trustee for mofe than eight (8) years in any period 
of twelve (12) years. 

[Acts 1915, p. 73.1 

71b. Schools — Trustees Elected — Terms. 1. That the common 
council of each city and the board of trustees of each incorporated town of 
this state shall at a regular meeting of such common council or board of trus- 
tees, after the incorporation of such city or town elect three school trustees, 
who shall hold their offices, one, two and three years, respectively, from and 
after the first day of the next succeeding August. The term of each of said 
trustees shall be determined by lot at the time of such election by such 
common council or board of trustees, and annually thereafter the common 
councils of each city and the board of trustees of each incorporated town, 
at their regular meetings in the month of June, shall elect one school trustee, 
who shall hold his office for three years from the first day of the next succeeding 
August. Such trustees shall constitute the school board of the city or town 
and before entering upon the duties of their offices they shall take an oath 
faithfully to discharge the duties of the same. They shall meet within five 
days a,fter the first day of August of each year and organize by electing one 
of their number president, one secretary and one treasurer. The treasurer 
before entering upon the duties of his office shall execute a bond to the ac- 
ceptance of the county auditor in a sum equal to the amount of money which 
may come into his hands at any one time during the year by virtue of his 
office. The president and secretary shall each give bond to be approved by 
the county auditor in any sum not less than one-third of the treasurer's 
bond: Provided, That in case of a newly incorporated city or town such 
trustees shaU meet within five days of their election and organize by electing 
the officers and giving the bonds as herein provided, which officers and bonds 
shall be continued until the first day of August next succeeding such organiza- 
tion. All vacancies that may occur in said board of school trustees shall be 
filled by the common council or board of trustees of the town, but such ela- 
tion (election) to fiU a vacancy shall only be for the unexpired term. The 
board of school trustees shaU within five days after the first day of August 



70 SCHOOL LAWS OF INDIANA 

of each year reorganize their boards and execute their bonds for the ensuing 
year. Said trustees shall receive for their services such compensation as the 
common council of the city or the board of trustees of the town may deem 
just, which compensation shall be paid from the special school revenue of 
the city or town; Provided further, That the provisious of this act relative 
to the appointment of school trustees shall not be mandatory upon those 
incorporated towns wherein the school corporations have been or shall here- 
after be abandoned. 

72. Cities Excepted. 2. The provisions of this act shall not apply 
to cities of over fifty thousand inhabitants, according to the last preceding 
United States census. (§6478.) 

1. School trustees for cities are elected by the common councils of the respective 
cities; ana they have charge of the schools in their respective political districts. 39 
App. 568. 

2. The board of commissioners, and not the city council is the proper party to 
investigate alleged misdoings of the school trustees of a city. 39 App. 568. 

3. Resignations. A resignation of a town or city school trustee should be 
addressed to the body that elects, and is complete without formal acceptance; yet its 
withdrawal even after acceptance but with the consent of the electing body is equivalent 
to a reappointment. In case of such resignation an election to All the vacancy may be 
held before the day set for the resignation to take effect. — Leach v. State, 78 Ind. 570. 

4. PowEE AS TO Vaccination. School trustees have the power, as a measure of 
pubUc safety and to guard against a contagious disease, to order school children to be 
vaccinated, but they should exercise it with discretion. In some locaUties there is no 
earthly danger of smallpox; in others — as a crowded city — when the disease has made 
its appearance immediate measures should be taken. The school trustees of a city or 
town or townsliip may be compelled, by a mandate of the courts, to enforce an order 
of the board of health requiring all children to be vaccinated before being permitted 
to attend the public schools during a threatened epidemic of smallpox.- — State v. Beil, 
157 Ind. 25. See also Blue v. Beach, 155 Ind. 121. 

5. Office Lucrative. As the statute provides for the compensation of town 
school trustees, their office is a lucrative one within the meaning of the constitution, 
and a person can not hold it at the same time with another lucrative office. — Chambers 
v. State, 127 Ind. 365. 

6. Trustees Contracting with Themselves. School trustees can not enter 
into a contract with themselves. — 29 Mich. 19. 

7. Hiring of Teachers by Old School Board. A board of school trustees 
(not a township trustee), after their successors have been elected, and before they are 
entitled to serve as officers, may hire a teacher for the year beginning after their terms 
of office will expire. — School Town of Milford v. Zeigler, 1 App. 138. A school trustee 
of a township can not ignore his predecessor's contract, because of mere formal and 
technical defects. — Sparta School Tp. v. Mendell, 138 Ind. 188. 

8. Signing Contract. If the school board in session hire a teacher, the contract 
with him may be signed at different times; and a signing by a majority of the trustees 
is sufficient. — School town of Milford v. Zeigler, 1 App. 138. 

9. Abolishing School — Effect on Teacher's Contract. A contract with a 
teacher to teach can not be annulled by aboUshing the school he was to have taught. — 
School Town of Milford v. Zeigler, 1 App. 138. 

10. Majority of Trustees Sufficient to Make a Contract. A contract by 
two of three trustees when in session, "is vaUd."— School Town of Milford v. Zeigler, 
1 App. 138. 

[Acts 1865, p. 3. Approved March 6, 1865.] 

73. Trustees' Bonds— Vacancy. 6. The county auditor, in fixing 
the penalty and approving and accepting the bonds of such trustees, shall 



• SCHOOL LAWS OF INDIANA 71 

see to their sufficiency to secure the school revenues which may come into 
their hands, as well as the ordinary township or other revenue. In ease of 
a vacancy in the office of trustee, the county auditor shall appoint a person to 
fill the same, who shall take an oath and give bonds as required in the last 
preceding section; and said auditor shall report to the superintendent of 
public instruction the name and postoffiee address of each trustee. (§6406.) 

1. Failure to File Bond. The failure of a member of a school board to file a 
bond does not render his office vacant. — Koerner v. State, 148 Ind. 158. 

[Acts 1899, p. 126, Acts 1915.] 

74. Township Trustee — Official Bond. 1. That before entering upon 
the duties of his office the trustee of every township shall execute a bond 
conditioned as in ordinary official bonds in a penal sum of not less than the 
amount of money which may come into his hands at any one time as trustee 
of the civil township and of the school township to the acceptance of the coun- 
ty auditor. Such bond may be executed by a surety company or by two or 
more freehold sureties to be approved by the county auditor. 

[Acts 1899, p. 424. Approved March 4, 1899.] 

75. General Duties. 1. The school trustees shall take charge of the 
educational affairs of their respective townships, towns and cities. They 
shall employ teachers, establish and locate conveniently a sufficient number 
of- schools for the education of the children therein, and build, or otherwise 
provide suitable houses, furniture, apparatus and other articles and education- 
al appliances necessary for the thorough organization and efficient manage- 
ment of said schools. Such school trustees may also estabhsh and maintain 
in their respective corporations, as near the center of the township as seems 
wise, at least one separate graded high school, to which shall be admitted all 
pupils who are sufficiently advanced: Provided, That the school trustees 
of two or more school corporations may estabhsh and maintain joint graded 
high schoolfs] in heu of separate graded high schools, and when so done they 
jointly shall have the care, management and maintenance thereof: Provided 
further. That any trustee, instead of building a separate graded high school 
for his township shall transfer the pupils of his township competent to 
enter a graded high school to another school corporation: Provided further. 
That all payments of tuition, provided for under this act, heretofore made 
by school trustees for such high school privileges, are hereby legaHzed: 
Provided further, That no such graded high school shall be so built unless 
there are at the time such house is built at least twenty-five common school 
graduates of school age residing in the township. (§6410 as amended 1901 
p. 514.) 

1. PowEB OF Trustee. The township trustee is clothed with almost autocratic 
power in all school matters. The voters and taxpayers of the township have but Uttle if 
indeed any, voice or part in the control of the details of educational affairs. So far 
as actual authority is concerned, the trustee is the corporation, although in contempla- 
tion of law it is otherwise.— Wallace v. Johnson Tp., 75 Ind. 368; Bicknell v Widner 
School Tp., 73 Ind. 501. 

2. Patrons can not Designate Teachers. There is no provision of the law 
authorizing any other person than the trustee to select a teacher. It is therefore held 



72 SCHOOL LAWS OF INDIANA ' 

that the provision authorizing the trustee to employ teachers, also authorizes him to 
select them, and that school meetings are not empowered by the law to designate or 
employ teachers.— Rumble v. Parker, 27 App. 69. 

3.' Trustee can not Employ Himself. A township trustee, being the agent of 
the state to employ teachers for the public schools, is not authorized to employ himself. 

4. Abandoned Cokporation. In case a town abandons its corporation, the 
powers and duties of the board of school trustees cease, the township trustee succeeds 
thereto, and it becomes his duty to take charge of the schools without special notice. 

5. Resignation ok Teacher. The relation existing between trustee and teacher 
is based on a contract. A teacher can not resign and escape Uability without the con- 
sent of the trustee. To abandon his school without such consent is a violation of his 
contract, and gives the trustee a claim against him for any damages actually sustained 
by the school in consequence thereof. 

6. Trustee Authorized to Establish Schools. Although the legislature has 
limited the power of the trustee in regard to the removal of schoolhouses, and the 
abandonment of "district schools," no change has been made in the law which author- 
izes the trustee to establish schools and build school houses therefor. — State, ex rel., v. 
Black, 106 Ind. 138. 

7. Township Trustee not Authorized to Employ a Superintendent of 
Schools. If a school trustee believes it to be to the best interest of the schools of his 
corporation, he may employ a teacher in the same way other teachers are employed by 
him who has a Ucense to teach, and require him to go from school to school in his town- 
ship and teach in each of said schools or in any designated number of such schools. 
There is, however, no authority given such trustee to employ a superintendent for the 
schools of his township or for any number of such schools. — Bingham, Att.-Gen. 

76. Duration of School in Any Year. 2. Said school trustees shall 
maintain in each school corporation a term of school at least six months in 
duration, and shall authorize a local tuition levy sufficient to conduct a six 
months' term of school each year based on estimates and receipts from 
all sources for the previous year, which may include that received from the 
state's tuition revenue: Provided, Sueh levy shall not exceed the limit 
now provided by law. (§6411.) 

1. Note. It is legal to continue the term in high schools for a longer period than 
the term in grade and district schools. 

2. Donations. Donations may be received by the school authorities to extend 
the term of school, and the schools continued accordingly. 

77. Janitors — Care and Management of School Property. 3. 

Said school trustees shah, have the care and management of all property, 
real and personal, belonging to their respective corporations for common 
school purposes, except the congressional township school lands, which 
lands shall be under the care and management of the trustees of the civil 
township to which such laaads belong. Said school trustees shall provide 
such janitor help as may be deemed necessary to properly care for the schools 
and premises under their control, and such janitors shall be paid from the 
special school funds of the township. (As amended 1907, p. 385; §6412.) 

[Acts 1865, p. 3. Appreved March 6, 1865.] 

78. Towns and Cities. 4. Each civil township and each incorporated 
town or city in the several counties of the state is hereby declared a distinct 
municipal corporation for school purposes, by the name and style of the civil 
township, town or city corporation, respectively, and by sueh name may 
contract and be contracted with, sue and be sued, in any court having com- 



SCHOOL LAWS OF INDIANA 73 

petent jurisdiction; and the trustee of such township, and the trustees pro- 
vided for in the next section of this act, shall, for their township, town, or 
city, 'be school trustees and perform the duties of clerk and treasurer for school 
purposes. (§6405.) 

1. Property and Revenues. When a village becomes incorporated the school 
town thus created becomes, as trustee by statute, the successor ot the township in the 
right to the possession and control of school property within its territory. — School 
Town of Leesburg v. Plain Township, 86 Ind. 582. And as soon as school trustees are 
appointed and quaUfied they have a right to demand and receive of the township 
trustee whatever sums of money he has received by reason or on accoimt of the school 
children residing within or transferred to the town, and he can not lawfully withhold it 
on any ground. He received and held it in trust for those children. — Johnson v. Smith, 
64 Ind. 275. 

[Acts 1865, p. 3. Approved March 6, 1865.] 

79. Record — Duty as to Revenue. 8. The trustees shaU keep a 
record of their proceedings relative to the schools, including aU orders and 
allowances on account thereof; including, also, accounts of all receipts and 
expenditures of school revenue, distinguishing between the special school 
revenue belonging to their township, town or city, and the school revenue- 
for tuition, which belongs to the state, and by it apportioned to their town- 
ship, town or city; which said revenue for tuition they shall not pernit to be 
expended for any other purpose, nor even for that purpose in advance of its 
apportionment to their respective corporations. (§6408.) 

[Acts 1877, p. 18. Approved March 3, 1877.] 

80. Surplus Special School Revenue. 1. It shall be the duty of 
the board of school trustees of any city or incorporated town in this state 
to pay over to the common council or board of trustees of such city or town 
any surplus special school revenue in the hands of such school trustees, not 
necessary to meet current expenses; such excess of the revenue aforesaid to 
be applied for the payment of the interest or principal, or both, of any in- 
debtedness incm-red under the provisions of the act of March 8, 1873, author- 
izing cities and incorporated towns to negotiate and sell bonds to procure 
means to erect and complete unfinished school buildings, and to purchase 
any ground and building for school purposes, and to pay debts contracted 
for the erection and purchase of buildings and grounds. (§6489 as amended 
1879, p. 95.) 

1. Payment for School House. A city can not pay for a schoolhouse out of 
its general fund. Such payment must be paid out of a fund especially levied for that 
purpose. — Nill v. Jenkinson, 15 Ind. 425. 

[Acts 1873, p. 68. Approved March 8, 1873.] 

ffl. Superintendent in Cities and Towns. 12. The school trus- 
tees of incorporated towns and cities shall have power to employ a superin- 
tendent for their schools (whose salary shall be paid from the special school 
revenue), and to prescribe his duties, and to direct in the discharge of the 
same. (§6488.) 

1. Compensation. In case a persen is employed to superintend part of the time 
and teach part of the time, he can be paid for the services he renders as superintendent 



74 SCHOOL LAWS OF INDIANA 

out of the special revenue, and for the services he renders as teacher out of the tuition 
revenue. If paid anything from the latter, he must possess a valid license. 

2. Length of Employment. A city or town superintendent may be employed 
for one or more years, but it is not advisable to employ him for more than three. 

3. CoNTEACT WITH SUPERINTENDENT. A contract made by school trustees with 
a school superintendent prior to the June election of trustees, for services to bo per- 
formed after such election, is binding on the corporation. — Reubelt v. School Town 
loeind. 478. 

4. Tekm of Contract. School trustees may employ a superintendent of schools 
for a period of three years, although all the terms of such trustees will end before the ' 
expiration of such period.- — Moon v. School City, — App. — . 98 N. E. 153. 

[Acts 1883, p. 118. Approved March 6, 1883.] 

82. Trustees' Reports. 21. The trustees of each township, town 
or city, shall, annually, on the first Monday of August, make their report 
for the school year ending on the 31st day of July, and furnish to the county 
superintendent the statistical information obtained from teachers of the 
schools of their respective townships, towns, or cities, and embody in a tab- 
ular form the following additional items: The number of districts; schools 
taught, and their grades; teachers, males and females; average compensation 
of each grade; balance of tuition revenue on hand at the commencement of 
the current year; amount received during the year from the county treasurer, 
and amount expended within the year for tuition; and balance on hand; 
length of school taught within the year, in days ; schoolhouses erected during 
the year; the cost of the same; the number and kind before erection, and the 
estimated value thereof, and of all other school property; number of volumes 
in the hbrary, and the number taken out during the year ending the 31st 
day of July; also the number of volumes added thereto; assessment on each 
one hundred dollars of taxable property, and on each poll of special tax for 
school house erection, and amount of such levy; balance of special school 
revenue on hand at the commencement of the current year; amount received 
during the year from the county treasurer; the amount of said revenue ex- 
pended during the year, and balance on hand; the number of acres of unsold 
congressional school lands, the value thereof, and the income therefrom; 
together with such other information as may be called for by the county sup- 
erintendent and the superintendent of public instruction. (§6425.) 

[Acts 1865, p. 3. Approved March 6, 1865.] 

83. Failure to Report. 22. On failure of any trustee to make either 
the statistical report required by the last preceding section, or the report of 
the enumeration required by the sixteenth section of this act [§4473], or the 
report of finances required by the seventh section of this act [§4441J, to the 
county superintendent, at the time, and in the manner specified for each of 
said reports, the county superintendent to whom such reports are due shall, 
within one week of the time the next semi-annual apportionment is to be 
made by the auditor of the county, notify said auditor, in writing, of any 
such failure; and the auditor shall diminish the apportionment of said town- 
ship, town or city by the sum of twenty-five dollars, and withhold from the 
delinquent trustee the warrant for the money apportioned to liis township, 
town or city, until such dehnquent report is duly made and filed. For said 
twenty-five dollars, and any additional damages v/hich the toAvnship, town 



SCHOOL LAWS OF INDIANA 75 

or city may sustain, by reason of stopping said money, such trustee shall be 
liable on Ms bond, for which the county commissioners may sue. (§6426.) 

84. Neglecting Duties. 23. If a trustee shall fail to discharge any 
of the duties of his of&ce relative to the schools, any person may maintain 
an action against him for every such offense, in the name of the state of In- 
diana, and may recover, for the use of the common school fund, any sum 
not exceeding ten dollars; which sum, when collected, shall be paid into the 
county treasury, and added by the county auditor to said fund, and reported 
accordingly. (§6427.) 

85. Failing to Serve. 24. Any person elected or appointed such 
trustee, who shall fail to qualify and serve as such, shall pay the sum of five 
dollars, to be recovered as specified in the preceding section for the use therein 
named, and in like manner added to said fund, unless such person shall have 
previously served as such trustee. (§6428.) 

86. Trustee's Accounts. 141. The books, papers and accounts of 
any trustee, relative to schools, shall at all times be subject to the inspection 
of the county superintendent, the county auditor, and the board of county 
commissioners of the proper county. (§6429.) 

87. Examination of Trustee and his Books. 142. For the purpose 
of such inspection, such county superintendent, auditor, and board of county 
commissioners may, by subpoena, summon before them any trustee, ahd 
require the production of such books, papers and accounts, three days' 
notice of the time to appear and produce them being given. (§6430.) 

88. Correction of Accounts — Removal. 143. If any such books 
and accounts have been imperfectly kept, said board of commissioners may- 
correct them, and, if fraud appear, shall remove the person guilty thereof. 
(§6431.) 

[Acts 1895, p. 127. Approved March 5, 1895.] 

89. Trustee to take Enumeration — Who Enumerated. 14. The 

school trustees of the several townships, towns and cities shall take or cause 
to be taken, between the tenth day of April and the thirtieth day of the same 
month, each year, an enumeration of all unmarried persons between the ages 
of six and twenty-one years resident within the respective townships, towns 
and cities. 

Each person required or employed to take such enumeration shall take 
oath or affirmation to take the same accurately and truly to the best of his 
skill ^and ability. Such oath or affirmation shall be made a matter of record 
and kept on file in the office of the school trustee. 

In making the said enumeration, the trustee, or person so employed, shall 
distinguish between the white and colored children, enumerating them in 
separate lists, and shall list the names of parents, guardians, heads of families, 
or persons having charge of such child or children, male or female, shall list 
the full name and give the sex and age of each child so enumerated, shall 
secure the signature of either parent, guardian, head of family, or person 
having charge of such child or children, certifying to the correctness of the 
same, or if this is impossible, shaU secure the signature of some responsible 



76 SCHOOL LAWS OF INDIANA 

person who can certify to the correctness of said list; and he shall give the 
number of the school district to which such parent, guardian, head of family 
or person having charge of such child or children is attached for school pur- 
poses, and the number and initials which designate the congressional township 
in which such parent, guardian, head of family or person having charge of 
such child or children resides. In cities the said enumerator shaU give, in 
addition to the above enumerated items, the street and number of residence 
of such person. He shall include in such list all unmarried persons between 
the ages of six and twenty-one years, whose parents, guardians, heads of 
families or persons having charge of such child or children, shall have been 
transferred to his township, town or city for school purposes; and he shall 
exclude from such list all persons whose parents, guardians, heads of famihes 
or persons having charge of such child or children shall have been transferred 
from his township, town or city for school purposes. He shall not include 
in such list any persons residing temporarily in his township, town or city 
for the purpose of attending school, or who are members of a family staying 
temporarily in his township, town or city, but whose actual residence is else- 
where. He shall include in his Ust such unmarried persons between six and 
twenty-one years of age, as are dependent upon themselves and not under 
charge of parents, guardian or heads of families, and shaU so designate such 
persons in a separate list, giving in cities the street and number of the resi- 
dence of such persons. He shall enumerate no one who is not reported to 
him personally, and properly certified to as herein provided, except in cases 
of minors who are dependent upon no one, and not inmates of any family 
who may be reported as herein provided for: Provided, That if any parent, 
guardian, head of family or person having charge of any child, shall be absent, 
the enumerator shall ascertain the facts required from other reliable sources, 
and sign his own name to the certificate herein required; and in ease any 
parent, guardian, head of family or person having charge of any child entitled 
to school privileges shall refuse to report to the enumerator any facts herein 
required, necessary to a fuU and accurate enumeration, he shall be deemed 
guilty of a misdemeanor and upon conviction shall be fined not less than one 
nor more than ten dollars. Each person required or employed to take the 
enumeration as provided for in this act, shall, when making returns of said 
enumeration to the proper officers, make affidavit or affirmation that he has 
taken and returned the enumeration in accordance with the provisions of 
this act, to the best of his knowledge and belief, and that such list contains 
the names of all persons entitled to be eniunerated, and no others. The 
officer to whom such return is required to be made may take and shall certify 
such affidavit or affirmation, and shall keep in his office such affidavit or 
affirmation and such report and list of names; and each person so taking and 
returning the enumeration shaU be allowed by the township school trustee, 
or the school trustees of incorporated towns or cities, reasonable compensa- 
tion per diem for his services, to be paid out of the special school fund of such 
township, town or city. Any person appointed as enumerator, or any officer 
through whose hands the enumeration required by this act shall pass, who 
shall knowingly enumerate persons not entitled to be enumerated, or who shall 
in any manner add to or take from the number actually enumerated, shall be 
deemed guilty of a misdemeanor, and upon conviction of such offense, shall 
be fined in any sum not less than five nor more than one hundred doUars, or 



SCHOOL LAWS OF INDIANA 77 

imprisonment in the county jail not less than ten nor more than thirty days» 
at the discretion of the court. (§6447.) 

1. Enumebatohs to be Paid by the Day. A school board has no authority 
whatever to let a general contract to take the school enumeration, nor has it any 
authority to pay its employes in taking such enumeration, otherwise than by the day. 
— Bingham, Att.-Gen. 

2. Pebsons Enumebated. Only tmmarried persons between the ages of six and 
twenty-one years of age are to be enumerated as school children, and persons must be 
enumerated in the township where they reside. — Draper v. Cambridge, 20 Ind. 26S; 
Wier V. State, 161 Ind. 43.5. 

[Acts 189.5, p. 127. Approved March 5, 1895.] 

90. Enumeration, Where Filed — Retaking. 18. Each township 
trustee and the president of the board of school trustees of towns and cities 
shall, on or before the first day of May, annually, report to and file with the 
county superintendent of the proper county, a copy of the enumeration for 
school purposes of his township, town or city, with a list of transfers to such 
township, town or city, with his affidavit endorsed thereon to the effect that 
the same is, to the best of his knowledge and belief, full and accurate and 
taken in accordance with the provisions of the law governing the enumera- 
tions. When said county superintendent, however, on an examination of 
the enumeration returns of any township, town or city, finds any evidence 
that the enumeration is excessive in number or in any other way incorrect 
he may require the same to be retaken and returned, and if he deem it neces- 
sary he may, for this purpose, appoint persons to perform the service, who shall 
take the same oath, perform the same duties, and receive the same compensa- 
tion out of the same funds as the person or persons who took the enumera- 
tion in the first place, and the school revenue shall be distributed to such 
school corporation upon the corrected returns. (§6463.) 

[Acts 1913, p. 78.] 

91. Soldiers and Sailors — Enumeration. 1. That beginning with 
the year 1913, and every year thereafter, the school trustees of the several 
townships, towns and cities of this state, at the time when they take or cause 
to be taken, the enumeration of all unmarried persons between the ages of 
six (6) and twenty-one (21) years, resident within the respective townships, 
towns or cities, as provided for in the laws of this state, shaU likewise be re- 
quired to take or cause to be taken, by the same person who takes such school 
enumeration, a supplementary enumeration of all persons living within such 
townships, who served in the army or navy of the United States during the 
Mexican war, the Civil war or the Spanish-American war, or who have 
served one or more enlistments in the United States army, the United States 
navy, or the national guards. In taking or causing to be taken such supple- 
mentary enumeration, the trustee or person so employed shaU list the full 
names and ages of such soldiers and sailors, the company, regiment or bat- 
tery in which they served, and the state from which they enlisted. Each 
person required or employed to take such enumeration shall take the same 
accurately and truly to the best of his skiU and ability. (§ 10055a.) 

92. Duplicate Lists^ — Filed with State Library. 2. Such supple- 
mentary enumeration lists shall be prepared in duplicate, on separate sheets 



78 SCHOOL LAWS OF INDIANA 

or lists, whieli shall be provided for that purpose. And when the enumera- 
tion of all such soldiers and sailors shall have been completed and when the 
duplicate enumeration lists, herein provided for, shall have been prepared and 
authenticated, the township trustee of each and every township in this state 
shall deposit one (1) copy of such supplementary enumeration lists in the 
office of the clerk of the circuit court of the county in which his township is 
situated, and he shall enclose such other list securely in an envelope and mail 
it to the state hbrarian of this state, and the lists so secured and obtained 
shall be classified and bound and deposited in the archives of the state li- 
brary. (§10055b.) 

[Acts 1865, p. 8. Approved March 6, 1865.] 

93. Township in Two or More Counties — Report. 19. When a 
congressional township is located in two or more counties, the proper trustees 
for each portion thereof in the several counties shall report, at the same time 
and in like manner as provided in the last preceding section, to the county 
superintendent of the county in which the congressional township fund of 
such township is held in trust and managed. (§6464.) 

1. Explanation. This section requires that when a congressional township is 
located in two or more counties, the proper triistees for each portion thereof shall make 
two separate and distinct reports of enumeration. 

[Acts 1877, p. 122. Approved March 2, 1877.] 

94. County Board of Education. 8. The county superintendent 
and the trustees of the townships, and the chairman of the school trustees 
of each town and city of the county shall constitute a county board of educa- 
tion. Said board shall meet semi-annually at the office of the county sup- 
erintendent on the first days of May and September (unless the said days be 
Sunday, and if so, on the day following), a majority of whom shall constitute 
a quorum. The county- superintendent shaU preside at the meetings of the 
board, shall be allowed to vote on all questions as other members of the 
same are allowed to vote. Said board shall consider the general wants and 
needs of the schools and school property of which they have charge, and all 
matters relating to the purchase of school furniture, books, maps, charts, 
etc. The change of text-books, except cities, and the care and management 
of township libraries, shall be determined by such board, and each toAvnship 
shall conform as nearly as practicable to its action; but no text-book here- 
after adopted by the county board shall be changed within six years from the 
date of such adoption, except by unanimous vote of all the members of 
such board : Provided, That any text-book heretofore adopted by the county 
board of education shall not be changed within three years from the date 
of its adoption. (§6403.) 

1. Quorum, Rules and Regulations, Records, etc. In the absence of the 
county superintendent the board may appoint one of its members president pro tem. 
No action can be taken by the board unless a majority of all the members are present. 
If such majority be present at any meeting the board may take legal action upon suit- 
able questions by a majority vote of those present; but some questions require a ma- 
jority vote, and others a unanimous vote, of all the members of the board. 

The board may adopt rules and regulations for the government of the schools of 
the county. 



SCHOOL LAWS OF INDIANA 79 

It is very important that school officers and county boards should make a careful 
record of their proceedings. If a board takes any legal action, and fails to record it. 
or makes an incorrect record, the record can be amended by order of the board at a 
subsequent meeting. A legal act is not necessarily void by reason of a failure to make 
a record of it; but if a question should arise as to the action of a board, evidence may 
be taken at a subsequent meeting outside the records, and a new record may be made 
in accordance with the fact as ascertained. 

The county board and trustees have the right to make such rules and regulations, 
according to law, as will tend to promote the general good of the public schools, and it 
is the duty of the teachers to carry out such rules in good faith. 

2. Adoption ok Text Books. By virtue of the Act of 1889 and the Acts amenda- 
tory and supplemental thereto, the authority and duty of selecting text books for use 
in the common and high schools of the state is vested in the State Board of Education 
sitting as a State Board of School Book Commissioners and hence the county board of 
education has no authority to select text books for use in the schools. 

lActs 1911, p. 350. Approved March 4, 1911.] 

95. Emergency School Township Debts Legalized. 1. When- 
ever, since the enactment of an act entitled "An act concerning township 
business," approved February 27, 1899, Burns' Revised Statutes 1908, sec- 
tions 9590 et seq., and prior to March 5th, 1909, any township advisory board 
of any township in the State of Indiana, when convened in regular or special 
session at which a quorum of all the then members of such advisory board 
was present and acting, such advisory board by the consent and vote of such 
quorum shall have found that an emergency and necessity existed for the 
construction of a new school-building or an addition to a then existing school 
building in said township, that the cost thereof would be in excess of the sum 
available therefor out of the annual levy in said township, and thereupon, 
by the consent and vote of such quorum, the trustee of said township 
was authorized to borrow money to pay the cost of construction of 
such new school-building or of such addition to such then existing school- 
building, and to issue and make the obhgation of obhgations or such 
township therefore, but by oversight or neglect such finding, consent, vote 
and authority of said advisory board was not entered of record and signed, 
but said trustee, in pursuance of such consent, vote and authority, did, in 
good faith, borrow money necessary for the construction of such school- 
building or addition to a then existi-ng school-building, and in good faith ex- 
ecuted the written obligation or obligations of such township therefor, to 
run not exceeding five years and to bear not exceeding six per centum interest 
per annum and such money so borrowed was, in good faith, actually expend- 
ed in the construction of such new school-building or such addition to a then 
existing school-building, then, in aU such cases, the indebtedness so author- 
ized and contracted, the proceeds of which was so used, and said written 
obligation or obligations so executed therefor, shall be and are hereby legal- 
ized, validated and made the legal obligation or obligations of said school 
township in which such action was taken and such school-building or addition 
was constructed, to the same extend [extent] as if such finding, consent, vote 
and action had been duly made, given and taken and such record made and 
signed in strict accordance with said act approved February 27, 1899, and 
any and all amendments and additions thereof, and thereto and any and all 
amendments of any section thereof, and taxes shall be duly levied in said 
township to raise money to pay off such obligation or obligations according 



80 SCHOOL LAWS OF INDIANA 

to the terms thereof: Provided, That nothing in this act shall affect any- 
pending litigation in any of the courts of this state. 

[Acts 1911, p. 27. Approved February 16, 1911.] 

96. School Township Debts Legalized. 1. Whenever, since the 
enactment of "An act concerning township business", approved February 
27, 1899, Burns' Revised Statutes, 1908, section 9590, etc., and prior to June 
27, 1905, the date when a transfer to the supreme court of Indiana was 
denied in the cause of Lincoln School Township vs. Union Trust Company 
of Indianapolis, reported in vol. 36, page 113, of the reports of the appellate 
court of Indiana, any school township in Indiana, acting by its trustee, shall 
have in good faith attempted to comply with the act entitled "An act to limit 
the powers of township trustees in incurring debts, and requiring him to 
designate certain days for the transaction of township business," approved 
March 11, 1875, Burns' Revised Statutes 1908, section 9583, and shall have 
procured the consent and order of the board of commissioners of the proper 
county at any regular or special session thereof to borrow money on behalf of 
such school township for the purpose of erecting school buildings in such 
township, and shall have, pursuant to such an order of such board of commis- 
sioners, boi'rowed any sum of money from persons or corporations loaning the 
same in good faith to such township, and such township shall have executed to 
such persons or corporations its written obUgations in evidence of and for 
the amount of such loans, and said sum of money so borrowed shall have been 
faithfully expended by such school township in paying for the school build- 
ings for which it was authorized to be borrowed by such order of such boards 
of commissioners, then and in all such cases such debts so authorized, and 
the proceeds of which were so used, and the obligations of such school town- 
ships evidencing such debts, shall be and are hereby legaKzed and validated 
to the same extent as if said debts had been duly authorized by the advisory 
boards of such townships; also that all payments of principal or interest on 
account of the aforesaid debts made by the trustees and advisory boards 
of such townships shall be and are hereby legalized and validated; also, 
that all debts heretofore created by such school townships for money borrowed 
and used for the purpose of paying the principal or interest on the class of 
debts first herein described, and aU obligations evidencing such last described 
debts, be and the same are hereby legalized and validated, aU to the same 
extent as if said debts, and the obhgations evidencing the same, had been 
duly made and authorize(^ by the advisory boards of such townships in strict 
conformity with said act, approved February 27, 1899. 

[Acts 1911, p. 613. Approved March 6, 1911.] 

97. School Bond Sales Legalized. 1. That all bonds ^'.eretofore 
issued and sold by the township trustee of any township pursnant to the 
order of the advisory board of any such township in this state, for the purpose 
of |)i"oviding money for the construction of any scnool building under rolor 
of any statute of this state, where the purchase price for said bonds has been 
actually received and retained or used for the purpose for which said bonds 
were ordered to be sold, are siereby legaUzed; and all j^roceedings or acts of 
any such advisory board or trustee under which said bonds were issued and 
sold are hereby fully legaUzed and declared valid. 



SCHOOL LAWS OF INDIANA 81 

98. Funding Bonds — Sales Legalized, 2. That all bonds hereto- 
fore issued and sold by the township trustee of any township, pursuant 
to the order of the advisory board of any such township in this state, for f- e 
purpose of refunding any outstanding indebtedness of such township under 
oolor of any statute of this state, where the purchase price for said bonds 
has been actually received and retained by such township or used for the pur- 
pose for which said bonds were ordered to be sold, are hereby legalized; 
and all proceedings or acts of any such advisory board or trustee under which 
said bonds were issued and sold, are hereby fully legaUzed and declared 
valid. 

99. Pending Litigation.. 3. Nothing in ttiis act contained slall be 
so construed as to affect any pending litigation or to legalize any bond or 
bonds issued or sold in excess of any constitutional Umitation of the amount 
of indebtedness authorized to be created. 

[Acts 1911, p. 42. Approved February 24, 1911.1 

100. School Bonds — Issue Legalized. 2. Any and aU bonds here- 
tofore issued and sold by the order or direction of the board of trustees or 
other authorities of any school city or school town of this state under '?olor 
of any statute of this state, for tbe purpose or providing money for the use 
of such school <^ity or school town, where the purchase price for said bonds 
has been actually received and retained or used for the purpose for which 
said bonds were ordered to be sold, are hereby legalized; and all proceedings 
or acts of any such board of trustees or other officer under which said bonds 
were issued and sold, are hereby fully legalized and declared vaUd. 

101. Pending Litigation 3. Nothing in this act contained sLall be 
so construed as to affect any pending Utigation or to legahze any bond or 
bonds issued or sold in excess of any constitutional or statutory Hmitation 
of the amount of indebtedness authorized to be created. 

[Acts 1911, p. 141. Approved March 2, 1911.] 

102. ' Township Debt Certificates Legalized. 1. AU orders 
warrants or certificates of indebtedness drawn and issued by any township 
trustee on tbe advice and consent on the advisory board of said township 
against any fund whatsoever, whicii were drawn and issued subsequent 
to January 1, 1900, being the first day of tbe calendar year for which 
appropriations coald have been made, by the township advisory board, 
pursuant to the provisions of the a'^t entitled "An act concerning 
township business," and which orders, warrants or certificates of in- 
debtedness were based upon emergencies declared by the advisory board 
and appropriations made therefor and for work done and material puTchased 
on the order of said advisory board and which orders, warrants or certificates 
of indebtedness were executed by the triistee and approved by the advisory 
board of said township and for whifth the township received the full benefit 
but for the payment of which orders, warrants or certifi'' ates of indebtedness 
the advisory board failed at its next regular session, after having authorized 
same, to make provisions for the payment of the same and which orders, 
warrants or certificates of indebtedness are still unpaid and outstanding 

8554—6 



82 SCHOOL LAWS OF INDIANA 

because of sucli failure to make provision for the payment of same are hereby- 
declared to be legal and vahd claims against such township: Provided, That 
nothing in this act shaU in any way affect any suit now pending in any of the 
courts of Indiana but the same shall be heard and determined the same 
as if this act had not been passed. 

103. Schools — Bonds Legalized. 1. That all bonds heretofore 
issued by the order and direction of the board of school trustees or other au- 
thorities of any school city or school town of this state under f^olor of any sta- 
tute of this state, i-iursuant to the order and direction of the common council 
or board of trustees of such city or town, for the building of school houses 
where necessary to build and repair the same for the use of such school city 
or school town, and such school trustees having failed to comply with the 
laws of tbe State of Indiana in respect to the proper construction and sanitary 
conditions of the same, are hereby legahzed; and all proceedings or acts of any 
such board of trustees of such city or town under which said bonds were 
issued, are hereby fuUy legalized, and declared valid. 

104. Pending Litigation. 2. Nothing in this act contained shall be 
so construed as to affect any pending litigation. (Acts 1913, p. 264.) 

[Approved March 5, 1915.] 

105. Schools — Legalizing Township Debts — Authorizing Bonds. 

1. That whenever, since the enactment of an act entitled "An act concern- 
ing township business," approved February 27, 1899, Burns' Revised Statutes 
1914, section 9590 et seq., and prior to November 1, 1914, that in all townships 
of this state having a population of less than 1,430 and more than 1,420, as 
shown by the last preceding United States census, any township advisory 
board of any such school township within the State of Indiana, when con- 
vened in annual or special session, the calhng of which session being regular 
or irregular, at which a quorum of all the members of such advisory board 
was present and acting, such advisory board by the consent and vote of such 
quorum having neglected to find that an emergency and necessity existed 
for the construction of a new school building, or an addition to a then existing 
school building in said township, and did at such meeting or meetings, duly 
authorize the construction of certain school buildings or additions and repairs 
to then existing school buildings in such school township, but then and there 
neglecting and faiUng to appropriate the necessary funds to pay for said 
improvements before the undertaking or completion of such inprovements so 
authorized by a majority of such board, and wherein the trustee of said town- 
ship was then and there directed to advertise for bids and let contracts 
therefor, but by reason of oversight or neglect such finding, consent, vote 
and authority was not entered of record and signed, but said trustee, in pur- 
suance of such consent, vote and authority, and in good faith, did have plans 
and specifications prepared for said school buildings or additi ons to then existing 
school buildings, and did then and there give the legal notice for bids therefor, 
and did then and there receive bids for such improvements, and did then and 
there awajd said contract or contracts to the lowest and best bidder therefor 
and did enter into a proper contract in writing with the successful bidder 
and the said bidder giving statutory bond for the faithful performance of 
the work under the said improvements, which said improvements were duly 



SCHOOL LAWS OF INDIANA 83 

entered into, made and completed and afterwards duly accepted by the proper 
officials of said school township, all of said proceedings being by the township 
officers and the contractor entered into, done and executed in good faith, 
then in all such cases the contractual rights so performed and indebtedness 
so incm-red, shall be and are hereby legalized, validated and made the legal 
obligations of said school township in which such action is taken and such, 
school buildings or additions to then existing school buildings were then and 
there constructed, erected or repaired, and authority is hereby given and made 
for the payment for said new school buildings or additions to then existing 
school buildings, or repairs to the same, by the issuing of township warrants 
or bonds therefor, as if such finding, consent, appropriation, vote and action 
had been duly made, given and taken and such records made and signed in 
strict accordance with said act approved P'ebruary 27, 1899, and any and all 
amendments and additions thereof and thereto, and any and all amend- 
ments of any section thereof , and taxes shall be duly levied in said township 
to raise money to pay off such obligation or obligations, to be hereafter de- 
termined, according to the terms thereof: Provided, That nothing in this 
act shall affect any pending Utigation in any of the courts of the State of In- 
diana. 

106. Advisory Board — Provisions for Payment. 2. The Town- 
ship advisory board of any township where orders, warrants or certificates 
of indebtedness of the kind and class described in section 1 of this act are 
outstanding is hereby authorized and empowered to make immediately pro- 
visions for the payment of such orders, warrants or certificates of indebted- 
ness by appropriating therefor, as provided in the act creating such ad^^sory 
board any funds in the township treasury not now otherwise appropriated, 
or by making a temporary loan of sufficient funds to make such payments. 
Such loans to be made in accordance with the provisions of the law providing 
for temporary loans and such township advisory board shall then at its next 
annual meeting appropriate and levy a sum sufficient to pay such loan, or by 
directing the issuing of bonds of such township in a sufficient amount to make 
such payment, such bonds to be issued as now provided for bonds for the 
building of new school houses, not to exceed five years and not less than one- 

. fifth to be paid each year, provision for the payment of which to be made 
by the advisory board at each annual meeting until the same shall be paid. 

107. Payment — Notice. 3. As soon as the fund provided tor by 
this act shall have become available the township trustee shall at once give 
notiije that there are funds in the township treasury to pay such warrants, 
which notice shall be by pubhcation for two successive weeks in two news- 
papers representing opposite political parties of su"h township, or if there 
be none in the township then in two newspapers of opposite political parties 
of the county in which such township is located, and shall describe such 
orders, warrants, or certificate of indebtedness by reference to the fund against 
which tbey were drawn and as having been issued subsequent to January 1, 
1900, and no interest shall be paid on any such orders, warrants or certifi- 
cates of indebtedness after thirty days from the date of the first pubhcation 
of such notice. 



84 SCHOOL LAWS OF INDIANA 

108. Act Remedial, 4. This act is hereby declared to be remedial 
only, and supplemental to t'le aot entitled "An act concerning township 
business." 

[Acts 1911, p. 94. Approved February 27, 1911.] 

109. Schools — Sale of Property. 1. That whenever any city or 
town shall have purchased any property for school purposes in such city or 
town and shall afterwards find that any property so purchased is unneces- 
sary for such purposes, the board of s'^hool trustees of such city or town may 
sell the same when in their opinion it is advantageous to such -^ity or town so 
to do, at public aii'^tion after twenty days advertisement of such sale, to the 
highest bidder: Provided, That before such sale is made such real estate shall 
be appraised by two freeholders, voters of the school corporation in which 
such real estate to be sold is situated, and surh appraisement returned be- 
fore the advertisement aforesaid to the school officer or officers- who are to 
sell the same, in writing and on such sale su^.h real estate, shall not be sold 
for less than the appraised value thereof, for "ash, and upon the payment of 
the pur ;hase money to the treasurer of school trustees said board of school 
trustees shall execute to the purchaser a deed of conveyance which shall 
be sufficient to vest in such our'-.haser all the title of such eity or town thereto. 
The money derived from such sale shall be turned into the sijccial school 
revenue of the city or town. (§6555nl.) 

110. Sales Legalized. 2. All sales of school property heretofore made 
in good faith by the boards of school trustees of any city or town are hereby 
legalized, and declared valid: Provided, That this srsall not apply to or 
affect any pending Utigation. 

[Acts 1917, p. 152. Approved March 5, 1917.] 

111. Legal Notices, Publication of. 1. That in all cases where now 
the law provides for the publication of legal notices in a weekly newspaper, 
it shall be lawfid hereafter to make such publications in either a daily or 
weekly newspaper: Provided, That such pubhcation, if published in a daily 
newspaper, shall be published at least once a week for the same time and 
period as now required by law, and Provided further, That if such pi tblication 
is made only once each week, it shall be made on the same day of each week. 

112. Repeal. 2. All laws and parts of laws inconsistent with this act 
are hereby repealed. 

113. Township Trustee — Advisory Boards — Transfer of Funds. 

1. That if it appears to the advisory board of any township in the State of 
Indiana, at the next annual September meeting of sujh board, that there 
is a surplus of the road funds of such township that will not be needed for 
road purposes then such advisory board may, by a unanimous vote, pass a 
resolution and spread the same upon the minutes of such board, directing 
the trustee of such township to transfer all or any specified portion of such 
surplus road fund, to the special school fund of such township, and when 
any such advisory board shall make any su-vh order it shall be the duty of 
the trustee to transfer said fund in compliance to such order, which fund so 



SCHOOL LAWS OF INDIANA 85 

transferred shall be^'^ome a part of the special school fund of such township 
and be used for special school purposes. (Acts 1913, p. 551.) 

[Approved March 14, 1913.] 

114. Schools — Towns — Elect on of School Trustees. 1. That in 
the election of school trustees in ineorr-orated towns, the board of trustees 
of incorporated towns, shall vote by ballot and such voting shaU continue 
until some competent person receives a majority of all votes cast or until 
such meeting adjourns or the voting ceases by a majority vote of the members 
of the board of town trustees. Should an election fail to oc-3ur at any one 
regular meeting, then at the next regular meeting, the board of trustees shall 
again proc-eed to the election of a s-hool trustee or trustees, in Uke manner 
and under the same conditions and should no election occur at su :*h meeting, 
then the board of trustees may determine then and there whether to take 
further votes at some later meeting and so on from one regular meeting to 
another until an election occurs or until such board of trustees shall deter- 
mine by a majority vote to cease trying to elect; and, no person be permitted 
to vote except they be a qualified member of said body and the clerk of the 
board ot trustees shall preside at such election bit shall have no vote. In 
all cases where no election takes place, the present incumbent si -all con- 
tinue to serve until an election does occur and until his successor shall be 
elected and qualifies and aU official acts of any member so holding over and 
the official acts of any such board during such time, will be valid as though 
an election slioiild have taken place: Provided, That this act shall not change 
the time of election of school trustees or the terms of present incumbents ex- 
cept in cases where no successor is elec^ted as herein provided; nor shall it 
affect cities that have by special act, a different mode of election prescribed 
by law. (§6478a.) 

115. Supplementary Act. 2. This act is supplementary in its na- 
ture and repeals only such laws as may be in conflict therewith. 



86 



SCHOOL LAWS OF INDIANA 



CHAPTER VI. 

Teachers. 



Sec. 
.116. 
117. 

118. 
119. 

120. 
121. 



Employment and dismissal. 
Examined concerning alcohol and 

narcotics. 
Failure to teach, effects — Dismissal. 
Terms for which teachers may be 

employed. 
Contracts to be in writing. 
Blanks to be uniform. 



Sec. 

122. Reports. 

123. Schools — Minimum wages for 

teachers. 

124. QuaUfi cations. 

125. Payment at less rate — Penalty. 

126. State board of education — Duties. 

127. Special examination. 

128. Insulting teacher. 

129. Attending — Pay of teachers. 



[Acts 1883, p. 30. Approved February 27, 1883. | 

116. Employment and Dismissal. 28. Trustees shall employ no 
person to teach in any of the common schools of the State of Indiana, unless 
such person shall have a license to teach, issued from the proper state or 
county authority, and in full for>?e at the date of the employment. Any 
teache'" who shall commence teaching- any such school withoat a license, shall 
forfeit all claim to compensation out of the school revenue for tuition for the 
time he or she teaches without such license, b'Jt if a teacher's license shall 
expire by its own Limitation within a term of employment, such teacher may 
complete su^h term of employment within the then current year. The said 
trustee shall not employ any teacher whom a majority of those entitled to 
vote at school meetings have decided at any regular school meeting, they do 
not wish employed; and at any time after the commencement of any school, 
if a majority of such voters petition such trustee that they wish the teacher 
thereof dismissed, such trustee shall dismiss such teacher, but only upon 
due notice, and upon good cause shown; but such teacher shall be entitled 
to pay for services rendered. (§6592.) i 

1 . The provisions of this section relating to the employment of teachers that the 
voters at school meetings have decided they do not wish employed, have no applica- 
tion to cities and incorporated towns. — Crawfordsville v. Hays, 42 Ind. 200. 

2. License Essential. A valid contract for the teacMng of a pubUc school can 
not be made by a trustee with one who, at the time, has no license to teach in the county, 
and the subsequent procurement of a license does not validate the contract. — Butler 
V. Haines, 79 Ind. 575. And a person can neither recover compensation for services 
rendered as teacher, nor damages for breach of contract for such services, unless he was 
licensed to teach as prescribed by the statutes. — Jackson School Township v. Farlow, 
75 Ind. 118. See also Harrison Township v. Conrad, 26 Ind. 337, and Putnam v. 
School Town of Irvington, 69 Ind. 80. In a suit against the school corporation for 
services rendered or to be rendered, it must be stated in the complaint that the teacher 
had a license to teach when he rendered the services or entered into the contract. — 
Bedford, etc., Co. v. McDonald, 12 App. 621. 

3. Objections to Teachek. Objections by school voters to the employment of a 
school teacher must be made before the teacher is employed, and school trustees are 
not required to notify school patrons of their intention to employ a teacher before he 
is employed. — Rumble v. Barker, 27 App. 69. 

4. Contracts with schools teachers can not be abrogated by aboUshing the school. 
— School Town v. Zeigler, 1 App. 138. 



SCHOOL LAWS OF INDIANA 87 

5. Marbiage of Teacher. If a teacher agrees to remain unmarried during the 
continuance of a contract, her marriage in violation of a contract is cause for its rescis- 
sion. — Guilford Twp. v. Roberts, 28 App. 355. 

6. If schools are closed on account of prevaiUng disease among the pupils, the 
teachers may recover full compensation. — School Town v. Gray, 10 App. 428. 

2. Forms fob Teacheb's Conteact. a. In township. 

TEACHER'S CONTRACT. 



This Agreement, Between , School Trustee of 

School Township, in County 

and State of Indiana, of the first part, and a teacher 

who holds a Ucense, issued 19 . . . 

for months by Superintendent 

on which license h . . . . average scholarship is per cent, h . . . . last success 

grade is per cent; who was '. present at all the sessions of 

the County Institute in 19 . . . . , of the second 

part, certifies that the said teacher agrees to teach in the public schools of said Town- 
ship, in such building, grade and room as said Trustee may designate, for the term 

commencing on the day of A. D. 19 . . 

for the consideration of Dollars and 

cents per day, to be paid 

(State here when all parts of the salary will be paid.) 

The said fmther agrees 

faithfully to perform all the duties of teacher in said school, using only such text-books 
as are prescribed by the Trustees in accordance with the law, except supplementary 
reading, such as Young People's Reading Circle Books, etc., and other works recom- 
mended by the County Superintendent, and observing all Rules and Regulations of 
the County Board of Education, and all the instructions of the County Superintendent 
of Schools; that . .he will attend and participate in the exercises of each Institute or 
other Teachers' Meetings that may be appointed for the Teachers of said Township; 

that . . he will accurately keep and use all registers and blanks placed in hands 

by said Trustee ; that . . he will make a complete and accurate report at the close of the 
school term, the blank for which is provided on the back of this sheet ; that . . he will 
make all other reports required of h .... by said Trustee, the County Superintendent, 
or the Laws of Indiana, at the proper time and manner, and in good order; that . .he 
will exercise due diligence in the preservation of school buildings, grounds, furniture, 

apparatus, books, blanks, and other school property committed to h care, and 

turn the same over to the Trustee, or his representative, at the close of the term of the 
school, in as good condition as when received, damage and wear by use excepted, 
accompanied by an exact inventory of all supplies and apparatus on hands, a descrip- 
tion of the condition of the same, and a recommended Ust of materials to be purchased 
for next school year. 

The said School Trustee agrees to keep the school buildings in good repair, to fur- 
nish the necessary fuel, furniture, apparatus, books and blanks, and such other ap- 
pliances as may be necessary for the systematic and proper conduct of said school, 
and to provide such janitor help as may be necessary to properly care for said school 
and its premises. 

And the said School Trustee, for and in behalf of said Township, further agrees to 

pay the said 

for services as teacher of said school, either a sum equal to the whole number of days 
taught, at the rate of the above-named sum per day, as agreed upon, or the salary for 
the year in the event of a yearly consideration, as agreed upon, when the said teacher 
shall have filled all the stipulations of this contract. 

The said School Trustee further agrees to pay said teacher one day's wages for each 
day's attendance at the Township Institute, according to the Acts of 1917. 

PROVIDED, That in case the said 

should be dismissed from said school by said Trustee, or his successor in office, for 
incompetency, cruelty, gross immorality, neglect of business, or a violation of any of 
the stipulations of this contract, or in case h. . . . license should be revoked by the 



88 SCHOOL LAWS OF INDIANA 

County Superintendent, . .he shall not be entitled to any compensation after notice 
of dismissal or notice of annulment of License. 



PROVIDED FURTHER, That the teacher shall have a dupUcate of this contract. 

IN WITNESS WHEREOF, We have hereunto subscribed our names, this 

day of A. D. 19 

. , Teacher. 

; School Trustee. 



Notes: 

1 — A vaUd contract for teaching a pubUc school cannot be made by a trustee with 
anyone unless he holds a valid license, either County or State. 

2 — Full authority is given the Trustee to substitute the words "principal," "super- 
visor," or "superintendent" for the word "teacher," in the event the contract should 
be so made. 

3 — This contract form is the official blank, ma-de by the State Superintendent of 
Public Instruction, under Sec. 6595, Biu-ns' Rev. Stat. 1914. 
(Township Form) 

TEACHER'S REPORT'TO TOWNSHIP TRUSTEE. 



1. Total number of pupils enrolled during the year 19 ... . in: 

ELEMENTARY. 

First Grade Fifth Grade .... 

Second Grade Sixth Grade. . . . 

Third Grade Seventh Grade . . 

Fourth Grade Eighth Grade . . . 



HIGH SCHOOL. , 

First Year Third Grade 

Second Grade Fourth Grade 

Total number of pupils enrolled in all the Elementary and High Schools for the 
year 19 ... . 

2. Total number of pupils enrolled during the year 19 ... . 

[White [White. ' Total. .' 

Males j Females I 

[Colored [Colored 

3. Average daily attendance of all children in the schools: 

[White 

\ General Average 

(^Colored 

4. Average daily absence of all children in the schools: 

[White 

\ General Average 

[colored 

5. Number of graduates from the "Common Branches": 

[White [White 

Males] Females j Total.. 

[colored [colored 

6. Number of graduates from High School: 

[White [White 

Males] Females -I Total.' 

[colored [colored 

7. Inventory of Apparatus and SuppUes on hand. (Furnish Ust of Library Books on 

separate sheet.) 



SCHOOL LAWS OF INDIANA 89 



8. Recommended List of Materials and Supplies needed. 



Notes: 

1 — To find the average daily attendance: Divide the totai number of days attended 
by all pupils, by the number of days school was in session. 

2 — To find the average daily absence: Divide the total number of days of absence 
of all pupils by the number of days schools was in session. 

3 — A pupil should be marked "withdrawn" after three days' absence. 

TEACHER'S CONTRACT. 



[City 
This Agreement, made and entered into between the School \ Corporation of 

[Town 

, in Co. , and State of 

Indiana, by 

the Board of School Trustees of said Corporation, 

of the first part, and , a teacher who holds a 

license issued 19 .... , for 

■months, by Superintendent ; 

on which license h. . . . average scholarship is ... . %, h. . . . last success grade is ... . %, 

who was present at all the sessions of the Co. 

Institute in 19. . . ., of the second part, certifies that the said teacher agrees to teach 
in the public schools of said School Corporation, in such building, grade, and room as 
the said Board of Trustees, or their Superintendent of schools may designate, during 

the school year, beginning the day of A. D., 19 for 

the salary of Dollars per , to be paid 

(State when all or parts of salary will be paid.) 

Said further agrees, 

faithfully, zealously, and impartially, to perform all the duties as such teacher, using 
only such text-books as ate prescribed by said Board or Superintendent of said schools 
that. . .he will attend and participate in the exercises of each Saturday Teacher's In- 
stitute that may be appointed for the teachers of said School Corporation; that. . .he 
will accurately keep and use all registers and blanks placed in h. . . . hands by said 
School Board or the Superintendent of said schools; that. . .he will make a complete 
and accurate report at the close of the school term, the blank for which is provided on 
the back of this sheet; that . .he will make all other reports reqiiired by said School 
Board, Superintendent or School Law; that . .he will exercise due diligence in the pre- 
servation of the school buildings, grounds, furniture, books, maps, and other school 
property committed to h . . . . care, and turn same over to said Board at the close of 
said school in as good condition as when received, damage and wear by use excepted; 
and that. . . . he will conform to the rules and regulations of said Board and Superin- 
tendent, and faithfully and impartially enforce them among the pupils. 

Said School Corporation, by said School Board, agrees to keep the school buildings 
in good repair and furnish the necessary fxiel, furniture, books, maps, blanks and such 
other appliances as may be necessary for the successful teaching of the branches in 
said schools. 



90 SCHOOL LAWS OF INDIANA 

And said School Corporation, by said School Board, further agrees to pay said .... 

for services as teacher of said school, said salary of 

Dollars per as above agreed upon. 

The said School Corporation, by said School Board, further agrees to pay said 
teacher one day's salary for each day's attendance at such Saturday Teachers' Institute, 
which may be held by authority of said School Board, according to the Acts of 1917; 
Provided, That said School Board shall not be liable for the payment for attendance 
at Saturday Teacher's Institutes unless so stipulated in this Contract. 

Phovided Further, That in case said teacher shall be discharged from said school 
by said School Board for incompetency, cruelty, gross immoraUty, neglect of business, 
or a violation of any of the stipulations of this Contract, or in case h . . . . license should 
be revoked by the County Superintendent, . .he shall not be entitled to any compensa- 
tion after notice of dismissal or annulment of license. 



Provided Further, That the teacher shall have a dupUcate copy of this contract. 

In Witness Whebeof, We have hereunto subscribed our names, this 

day of A. D., 19. . . . 

President 

Secretary 

Treasurer 

Board of School Trustees. 
Teacher 



Notes: 

1 — A legal contract for teaching a public school cannot be made between a school 
board and a person who does not hold a valid license. 

2 — Full authority is given school boards to substitute the words "principal," "super- 
visor," or "superintendent" wherever the word "teacher," appears in the contract, 
when the contract should be so drawn. 

3 — This contract is the official form, as made under the provisions of Section 6595, 
Burns' Bev. Stat. 1914. 
(Town and City Form) 

TEACHER'S REPORT TO SCHOOL BOARD. 



1. Total number of pupils enrolled during the year 19. . . . in: 

ELEMENTARY. 

First Grade Fifth Grade 

Second Grade Sixth Grade , 

Third Grade Seventh Grade . . . , 

Fourth Grade Eighth Grade 



HIGH SCHOOL 

First Year Third Grade 

Second Grade Fourth Grade 

Total number of pupils enrolled in all the Elementary and High Schools for the 
year 19. . . . 

2. Total number of pupils enrolled during the year 19 .... : 

fWhite ("White 

Males] Females] Total 

[colored [Colored 

3. Average daily attendance of all children in the schools: 

("White 

\ General Average 

[Colored 



SCHOOL LAWS OF INDIANA 91 

4. Average daily absence of all children in the schools : 

''White 

J. General Average 

[colored 

5. Number of graduates from the "Common Branches": 

fWhite fWhite 

Males \ Females-! Total 

[Colored [Colored 

6. Number of graduates from High School: 

^ f White fWhite 

Males •{ Females-j Total 

[Colored [colored 

7. Inventory of Apparatus and Supplies on hand. (Furnish list of Library Books on 

separate sheet.) 



8. Recommended list of materials and supplies needed: 



Notes: 

1 — To find the average daily attendance : Divide the total number of days attended 
by all pupils, by the number of days school was in session. 

2 — To find the average daily absence; Divide the total number of days of absence 
of all pupils, by the number of days school was in session. 

3 — A pupil should be marked "withdrawn" after three days' absence. 

[Acts 1895, p. 375. Approved March 14, 1895.] 

117. Examined Concerning Alcohol and Narcotics. 2. No certifi- 
cate shall be granted to any person (on) or after the first day of July, 1895, 
to teach in the common school or in any educational institution supported as 
aforesaid who does not pass a satisfactory examination as to the nature of 
human system. (§6587.) 

118. Failure to Teach, Eflfects. — Dismissal. 3. Any superintendent 
or principal of, or teacher in any common school or edu'ational institution 
supported as aforesaid, who willfully refuses or neglects to give the instruction 
required by this act shall be dismissed from his or her employment. (§658^^.) 

[Acts 1893, p. 34. Approved and in force February 17, 1893.] 

119. Terms for which Teachers may be Employed. After the pas- 
sage of this act it shall be unlawful for any township trustee to contract with 
any teacher to teach in any common school if the actual term of service of 
such teacher under such contract does not begin before the expiration of the 
term of office of such trustee. Every contract made in violation of the pro- 
visions of this section shall, as to the township represented by such trustee. 



92 SCHOOL LAWS OF INDIANA 

and the sohool fund thereunto belonging, he abvsolutely void; but such trustee 
shall be personally hable to such teacher for all services rendered under such 
contract, and for all damages which he may su'stain by reason thereof. 
(§6593.) 

[Acts 1899. p. 173. Approved February 28, 1899.] 

120. Contracts to be in Writing. All contracts hereafter made by and 
between teachers and school corporations of the State of Indiana shall be 
in writing, signed by the parties to be charged thereby, and no action shall be;^ 
brought upon any contract not made in conformity to the provisions of this 
act. (§6594.) 

121. Blanks to be Uniform. 2. For the purpose of cajTving this 
act into effect the school trustees of the several school coroorations of this 
state shall provide a public record of uniform blank contra.^ts to be carefuUy 
worded under the direction of the superintendent of pubUc instru'.'tion, and 
cause such contracts to be signed therein, which record shall be deemed a 
pubUe record, open to inspection by the people of their several school cor- 
porations. (§6595.) 

[Acts 1865, p. 3. Approved and in force March 6, 1865.] 

122. Reports. 20. To enable the trustees to make reports which are 
required of them by this act, the teacher of each school, whether in township, 
town or oity, shall, at the expiration of the term of the school for which such 
teacher shall have been employed, furnish a '^omplete report to the proper; 
trustee, verified by affidavit, showing the length of the school term, in days; 
the number of teachers employed, male and female, and their daily <*om- 
pensation; the number of pupils' admitted during the term, distinguishing 
between males and females, and between the ages of six and twenty-one 
years; the average attendance; books used and branr^hes taught, and the 
number of pupils engaged in the study of each branch. Until such report 
shall have been so filed, sueh trustee shall not pay more than seventy-five 
per centum of the wages of such teacher for his or her services. (§6424.) 

1. Suit. It is a part of a teacher's contract that he will make a report, and 
until he does so he can not recover more tlian three-fourths of his wages unless the 
trustee has waived the report, and the biu-den is on the teacher to show either that he 
made the report or it was waived, if he desires to recover the full amount of Ids earnings. 
— Owen School Tp. v. Hay, 107 Ind. 351. 

2. Truancy. Teachars are required by the compulsory education law to report 
to truant officers or other school officers cases of truancy or irregularity in attendance. 
See truancy law. 

[Acts 1913, p. 104.] 

123. Schools — IMinimuni Wages for Teachers. 1. That the daily 
wages of teachers for teaching in the public schools of the state shall not be 
less, in the ease of beginning teachers, than an amount determined by multi- 
plying two and one-half cents by the general average given such teacher on 
his highest grade of license at the time of contracting. For teachers having 
had a successful experience for one school year of not less than six months, 
the daily wages shall be not less than an amount determined by multiplying 
three cents by the general average given such teacher on his highest grade of 
license at the time of contracting, i or teachers having had a successful 



SCHOOL LAWS OF INDIANA 93 

experience for tliree or more school years of not less than six months each, 
the daily wages shall be not less taan an amount determined by multiplying 
three and one-half cents by the general average given such teacher on his 
highest grade of license at the time of contracting. For teachers having had 
a successful experience of five or more school years of not less than six months 
each, the daily wages shall be not less tuan an amount determined by multi- 
pljdng foxir cents by tlie general average given such teacher on his highest 
grade of Ucense at the time of contracting. AU teachers now exempt from 
examination shall be paid, as daily wages for teaching in the pubhe schools, 
not less than an amount determined by multiplying tiaree and one-half cents 
by the general average of scholarship and success given such teacher : Pro- 
vided, That the grade of scholarship accounted in each case be that given 
at the teacher's last examination, and that the grade of success accounted 
be that of the teacher's term last preceding the date of contracting: and 
Provided, further. That two per cent shall be added to the teacher's general 
average of scholarship and success for attending tiie county institute the full 
number of days, and that said two per cent shall be added to the average 
scholarship of beginning teachers. (§6599.) 

1 . If a teacher is not paid the full amount of wages that is due under the law and 
the contract with the teacher, the remainder may be recovered from the school corpora- 
tion. — Rutherford School Tp. v. Craney, 99 N. E. 485. 

2. Contracts with teachers to pay more than the minimum wages fixed by statute 
cannot be enforced unless an appropriation has been made by the township advisory 
board to pay such excess. — Mitchell Free Tp. v. Baker, 101 N. E. 1037. 

3. Exemption. The two per cent given for attendance on a county institute 
appUes to exemption license. 

4. State Normal Diplomas. Persons holding diplomas from the State Normal 
School are entitled to the two per cent, for attending the county institute, but the 
said two per cent must be added to the grades upon which their state or coimty Ucenses 
have been issued. 

5. Must Attend Entire In.stitute. A teacher is not entitled to the two per 
cent, imless he answers the first roll call and Is present daily all the sessions, including 
the last roll call. 

6. City a.nd Tow-n Teachers. City and town teachers are entitled to the two 
per cent, for attending the county institute. 

124. Qualifications of Teachers. 2. The qualifications required for 
teaching for the different classes shall be as follows : 

(a) A teacher without experience: Shall be a graduate of a high school 
or its equivalent. Shall have had not less than one term of twelve weeks' 
work in a school maintaining a professional course for the training of teachers : 
Provided, That completion of one year, or more, in a recognized college shall 
be accepted in lieu of twelve weeks' work in a school maintaining a professional 
course for the training of teachers. Shall have not less than a twelve months' 
license. 

(b) A teacher with one school year's experience: Shall be a graduate 
of a high school or its equivalent. Shall have not less than two terms or 
twenty-four weeks' work in a school maintaining a jjrofessional course for the 
training of teachers or the equivalent of such work: Provided, That the one 
year of college work optional for a teacher without experience shaU be ac- 



94 SCHOOL LAWS OF INDIANA 

eepted as one of the required two terms of work, in tMs class. Shall have a 
two years' License. Shall have a success grade. 

(c) A teacher with three or more years' successful experience: Shall 
be a graduate of a high school or its equivalent. Shall be a graduate from a 
school maintaining a professional course for the training of teachers, or its 
equivalent. Shall have a three years', five years', eight years', or a life 
Hcense'. Shall have a success grade. 

(d) »A teacher with five or more years' successful experience: Shall be a 
graduate of a high school or its equivalent. Shall be a graduate from a school 
maintaim'ng a professional course for the training of teachers, or its equiva- 
lent. Shall have taught as a class (c) teacher two or more years previous to 
entering this class. Shall have a three years', five years', eight years', or 
life hcense. Shall have a success grade: Provided, That for teachers already 
in the service, prior to August, 1908, successful experience in teaching shall 
be accepted as an equivalent for high school and professional training, as 
required by all the above classifications. (§6600.) 

1. The issuing of a Ave years' license is no longer authorized by law. See Acts 
1915, p. 627. 

125. Payment at Less Rate — Penalty. 3. If any school officer shall 
pay to any teacher for school services at a rate less than that fixed by this act, 
he shall be fined in any amount not exceeding SIOO.OO and shall be Liable in 
a civil action for wages to such teacher at the rate provided in this act, which 
may be recovered by such teacher, together with an attorney's fee of $25.00, 
in any court of justice of --'ompetent jurisdiction. (§6601.) 

126. State Board of Education — Duties. 4. It shaLl be the duty of 
the state board of eduriation, from time to time, to provide regulations which 
shall define the words "high school" and "equivalent" in this act, it being 
the intent hereof that only such schools be recognized as high schools as main- 
tain a standard of scholarship and efficiency and course of stady to the 
api.-roval of the state board of education, and that the word "equivalent" 
as used in this act shall mean such a course of study or training or the ability 
to pass such an examination as in the judgment of the state board of education 
would as fully quahfy the applicant for teaching as the qualification of high 
school or normal school work and the lieenes respectivelj^ named above 
requires. (§6602.) 

[Acts 1865, p. 143. Approved and in force December 20, 1865.] 

127. Special Examination. 35. If the persons attached to and 
forming a school district have, at their school meeting, designated other 
or a less number of branches of learning than those in section 34 of this act 
(§4425) mentioned, which they desire to have taught in their school, the 
trustee, in employing a teacher for said school, shall require said teacher to 
be examined as to his qualifications to teach the branches of learning required 
by said school meeting. (§6603.) 

1. See Sec. 38 for teacher's examination. 

128. Insulting Teacher. 162. if any parent, guardian, or other person, 
from any cause, fancied or real, visit a school with the avowed intention of 



SCHOOL LAWS OF INDIANA 95 

upbraiding or insulting the teacher in the presence of the school, and shall so 
upbraid or insult the teacher, such person, tor such conduct, shall be liable to 
a fine ot not more than twenty-five dollars, which, when coller<ted shall go 
into the general tuition revenue. (§6608.) 

The teacher may exact compliance vith all reasonable commands, and enforce 
obedience by inflicting corporal punishment, in a kind and reasonable manner, upon a 
pupil for disobedience. Such punishment must be within the bounds of moderation, 
and apportioned to the gravity of the offense; but when complaint is made, the judg- 
ment of the teacher as to what the situation required should have weight, as in the 
case of a parent under similar circumstances, and the reasonableness of the punishment 
must be determined upon the facts of the particular case. The presumption is that the 
teacher did nothing more than his duty. The legitimate object of chastisement is to 
inflict punishment by the pain which it causes as well as by the degredation it imphes; 
and it does not follow that chastisement was cruel or excessive because pain was 
produced, or abrasions of the skin resulted from a switch used by the teacher. When 
a proper weapon has been used, the character of the chastisement with reference to 
any alleged crxielty or excess, must be determined by the nature of the oflfense, the 
age, physical and mental condition, as well as the personal attributes, of the pupil, and 
the deportment of the teacher. — Vanactor v. State, 113 Ind. 276; Danenhoffer v. 
State, 79 Ind. 75. 

Associations. 

[Acts 1911, p. 666. Approved March 6, 1911.] 

129. Attending — Pay of Teachers. 1. That the school board of any 
?ity or town, and the township trustee of any township, may adjourn the 
schools of such city, town or township in order to allow teachers to attend 
sessions of schools or institutes of agricultural instruction held in the county, 
and the meetings of any teachers' associations, and to visit model schools 
under the direction of trustees or boards of trustees and shall pay sich teach- 
ers a wage for the time spent equal to the per diem of such teacher: Provided, 
That not more than three days shall be allowed in any one year. (§6640a.) 



96 



SCHOOL LAWS OF INDIANA 



CHAPTER VII. 





Schools. 


Sec. 




Sec. 


130. 


Bible. 


150. 


131. 


Uniformity of term — Numbering 


151. 




of schools. 


152. 


132. 


Term continued. 


153. 


133. 


Calendar. 


154. 


134. 


Colored children. 


155. 


135. 


Appropriations for indigent chil- 






dren. 


156. 


136. 


Branches taught. 


157. 


137. 


Effect of alcohoUc drinks and 


158. 




narcotics. 


159. 


138. 


Voters' meeting — School directors. 


160. 


139. 


Voters at school meetings. 


161. 


140. 


Other meetings of voters — Powers. 


162. 


141. 


Estimates of expenses. 


163. 


142. 


Director's duties. 


164. 


143. 


Charge of schoolhouse. 


165. 


144. 


Visits schools — May exclude pupils. 


166. 


145. 


Appeal to trustee. 


167. 


146. 


Common schools defined — High 
school courses. 


168. 


147. 


High school studies. 


169. 


148. 


Schools — State Superintendent of 


170. 




Public Instruction — High school 


171. 




inspector. 


172. 


149. 


Appropriation. 





Kindergartens. 

Free kindergarten tax. 

How collected and disbursed. 

Medical inspection of children. 

Medical inspection defined. 

School physician — Appointnient — 

Compensation. 
Physician's duties. 
Rules for enforcement. 
Penalty. 

United States flag. 
Display of flag. 
Destruction or mutilation. 
Penalty. 

Star Spangled Banner. 
Legal holiday — Discovery day. 
Schools — Arbor day — Fixing date. 
Proclamation. 
School exercises. 
State song — "On the Banks of the 

Wabash, Far Away." 
State flower^Carnation. 
Secret societies unlawful. 
Night school. 
Who may attend. 



[Acts 1865, p. 3. Approved March 6, 1865.] 

130. Bible. 167. The Bible shall not be excluded from the pubUc 
s<ihools ot the state. (§6578.) 

131. Uniformity of Terms. — Numbering of Schools. 14. All scliools 
in a township shall be taught an equal length of time, as nearly as the 
same can be done, without regard to the diversity in the number of phpils 
at the several schools, or the cost of the school; and each of said schools shall 
be numbered, by the proper trustees, as school No. . (§6579.) 

1. Uniformity. The statute only requires the schools in the townships to be 
taught an equal length of time, as nearly as the same can be done.— Harmony School 
Tp. V. Moore, 80 Ind. 276. See also Maloy v. Madget, 47 Ind. 241. 

132. Schools — Term Continued. 1. That in any township or incor- 
T orated town in which a non-commissioned or a commissioned or ^^ertifled 
high sf^hool has been or may hereafter be established, when the school trustee 
of such township or the school trustees of such incorporated town deem it 
unwise or inexpedient to continue the term of the elementary schools for the 
period required for a commissioned or a certified high school, said trustees 



SCHOOL LAWS OF INDIANA 97 

are authorized to continue the non-commissioned, commissioned or certified 
high school of said school forporation for a term not to exceed that required 
for a commissioned high school. (§641 la.) 

133. Calendar. 163. A school term of three months shall be sixty 
days, a school month twenty days, and a school week five days. (§6580.) 

[Acts 1877, p. 124. Approved March 5, 1877.] 

134. Colored Children. 3. The trustee or trustees of su'^h township, 
town or city may organize the colored children into separate schools of the 
township, town or ■''ity, having all the rights, privileges and advantages of all 
other schools of the township, town oi city: Provided, That in case there 
may not be provided separate schools for the colored children, then such 
colored children shall be allowed to attend the public schools with white 
children: Provided further. That when any child attending sach colored 
school shall, on examination and certificate of his or her teacher, show to the 
trustee or trustees of any township, town or city that he or she has made 
sufficient advancement to be placed in a higher grade than that afforded by 
such colored school, he or she shall be entitled to enter the school provided 
for white children of a like grade, and no disinction shall therein be made on 
account of race or color of such colored child. (§6581.) 

[Acts 1885, p. 125. Approved April 2, 1885.] 

135. Appropriations for Indigent Children. 1. The boards of com- 
missioners in the several counties of this state are hereby authorized to make 
suitable appro]")riations for the education, in the common school branches 
of learning, of the pauper children of their respective counties whenever, 
in the judgment of the board of commissioners, justice to the school district 
or districts wherein such pauper children are kept demands such assistance; 
and all expenditures authorized by this act shall be made and paid out of the 
county treasury on warrants drawn by the auditor on the order of the board 
of commissioners: Provided, That where there is no provision for a matron, 
or an insufficient number of children to require the services of a matron, or 
the estabhshment of a sejDarate school for the inmates of such asylums, it 
shall be the duty of the board of commissioners to require the superintendent 
of such asylum to send such children to the township schools. (§6674.) 

[Acts 1869, p. 40. Approved May 5, 1869.] 

136. Branches Taught. 147. The common schools of the state shall 
be taught in the English language; and the trustee shall provide to have 
taught in them orthography, reading, writing, arithmetic, geography, English 
grammar, physiology, history of the United States, and good behavior, and 
such other branches of learning and other languages as the advancement of 
the pupils may require and the trustees from time to time direct. And when- 
ever the parents or guardians of twenty-five or more children in attendance 
at any school of a township, town or city shall so demand, it shall be the duty 
of the school trustee or trustees of said township, town or city to procure 
efficient teachers and introduce the German language, as a branch of study, 

8554 — 7 



98 SCHOOL LAWS OF INDIANA 

in such schools; and the tuition in said schools shall be without charge: Pro- 
vided, Such demand is made before the teacher for said district is employed. 
(§6582.) 

1 . School authorities may establish reasonable rules as to the studies to be pursued 
by pupils, and may suspend pupils for failure to comply with such rules. — State v. 
Webber, 108 Ind. 31; Bowers v. State, 127 Ind. 272. 

[Acts 1895, p. 375. Approved March 14, 1895.] 

137. Effect of Alcoholic Drinks and Narcotics. 1. The nature o^ 
alcoholic drinks and narcotics and their effects on the human system in con- 
nection with the subjects of physiology and hygiene, shall be included in the 
branches to be regidarly taught in the common schools of the state and in all 
educational institutions supported wholly or in part by money received from 
the state; and it shall be the duty of the boards of education and boards of 
such educational institutions, the township trustees, the board of school 
trustees of the several cities and towns in this state to make provisions for 
sucn instruction in the sc^^ools and institutions under their jurisdiction, and 
to adopt such methods as shall adapt the same to the capacity of the p^ipils 
in the various grades therein; but it shall be deemed a sufficient comphance 
with the requirements of this section if provision be made for such instruction 
orally only, and without the use of text-books by the pupils. (§6586.) 

[Acts 1865, p. 3. Approved March 6, 1865.] 

138. Voters' IMeeting — School Director. 25. The voters shall meet, 
annually, on the first Saturday in October, and elect one of their number 
director of such school; who shall, before enteringupon duty, take an oath faith- 
fully to discharge the same. The director so elected shall, within ten days 
after said election, notify the trustee of his election; and, in case of failure 
to elect, the trustee shall forthwith appoint a director of said school. But 
any director so appointed may be removed, upon a petition of three-fourths 
oP the pel sons attached to said school who are entitled to vote at school 
meetings. (§6589.) 

1. Voters at School Meetings. Voters at the school meetings of a district are 
all taxpayers, male and female, except married women and minors, who have been 
listed as parents, guardians or heads of families, and attached to such district. Tax 
payers are those persons who are liable to pay taxes, either poll or upon property. 
Any voter at the school meeting, a woman if unmarried, is eligible to the oflBce of 
director. 

[Acts 1865, p. 3. Approved March 6, 1865.] 

139. Voters at School Meetings. 15. Any person who is a voter al 
township elections, and has no children in charge between the ages of six 
and twenty-one years, by making application to the trustee of his township 
while t je enumeration is being made, and by indicating to said trustee his 
selection of the school to which he desires to be attached, may have bis name 
listed by said trustee on the enumeration list, and be attached to the school 
selected, and thus become entitled to the privileges of said school, and be a 
votei at its school meeting^,. Such persons, together with the parents, g'lar- 
dians and heads of families mentioned in section 14, and the persons trans- 
ferred from other townships and attached to said school, as provided in sections 



SCHOOL LAWS OF INDIANA 99 

fourteen and sixteen of this act, shall be the only persons entitled to vote at 
the meetings of the school so selected, and all other persons shall be excluded 
from voting at such meetings. 

1. Note. In Carnahan v. State, 155 Ind. 156, the supreme court intimates that 
the above section is still in force, and calls attention to the fact that it has been omitted 
from all the revisions of the statutes of this state made since 1870. 

2. Listp;d and Attached. To be "listed as parents, guardians or heads of fami- 
lies" means that the trustee in taking the enumeration listed them, that is, put them 
on the enumeration list or report, and "attached," that is, assigned them to a certain 
district for school purposes. 

[Acts 1873, p. 68. Approved March 8, 1873.] 

140. Other Meetings. — Powers. 26. The voters at school meeting* 
may hold other school meetings at any time upon the call of the director or 
any five voters. Five day's notice shaU be given ot such meeting, by posting 
notices in five pubhc nlaces in the vicinity; but no meeting shall be illegal 
for want ot such notice, in the absence of fraud; and the legaUty of such pro- 
ceedings, it called in question, shall be determined by the trustee of the town- 
ship, subject to an appeal to the county superintendent, whose decision shall 
be final. Such school meetings shall have power to determine what branches, 
in addition to those mentioned in section thirty-four ot this act [§4425], they 
desire shall be taught in such school, and the time at which such school shall 
be taught: Provided, however, That the tuition revenue apiDortioned to the 
school shall be expended within the school year for which it was apportioned. 
Provided, further. That such school year shall begin on the first Monday ot 
July. Such school meetings shall likewise have the power to fill vacancies 
that may occur in the office of director; to dh'eet such repairs as they may 
deem necessary in their school house; to petition the township trustee for the 
removal of their school house to a more convenient location, for the erection 
of a new one, or the sale of an old one and the lands belonging thereto, and 
upon any other subject connected therewith; and at such meetings all tax- 
payers of the district shall be entitled to vote, except married women and 
minors: Provided, That nothing herein contained shall prevent the trustee 
from exercising a sound discretion as to the propriety or expediency of making 
such repairs, removing or erecting school houses, and the cost thereof. ( §6590.) 

[Acts 1865, p. 3. Approved -March 6, 1865.] 

141. Estimates of Expenses. 27. When such meetings shall petition 
the trustee in regard to repairs, removal or erection of a schoolhouse, they shall 
also furnish to such trustee an estimate of the probable cost of such repairs, 
removal or erection. (§6591.) 

142. Director's Duties. 29. The director of each school shall preside 
at all meetings of the inhabitants connected therewith, and record their 
proceedings. He shall also act as the organ of communication between the 
inhabitants and the township trustee. (§6604.) 

143. Charge of the Schoolhouse. 30. He shall take charge of the 
school house and property belonging thereto, under the general order and 
eoneurrenee of the trustee, and preserve the same; and shall make all temp- 



100 SCHOOL LAWS OF INDIANA 

orary repairs of the schoolliouse, furniture and fixtures, and provide the 
necessary fuel for the school, reporting the x;ost thereof to the trustee for 
payment. ( §6605.) 

1. Possession of House. We think the trustee has charge and possession of the 
school house, for although the director has the charge for certain purposes, he acts 
under the order and concurrence of the trustees. — Hurd v. Walters, 4S Ind. 148. 

2. Changing Site of Schoolhouse. The relocation of a school house requires 
a majority petition of the patrons, the trustee's signature thereto and the county 
superintendent's decision in favor thereof, a failure of any one of which being fatal. — 
Brandt y. State, ex rel., 171 Ind. 288. 

3. Control OF School Pbopeety. (§6412.) 

144. Visits Schools — May Exclude Pupils. 31. He shall visit and 
inspect the school, from time to time, and, when necessary, may exclude any 
refractory pupil therefrom; but the exclusion of any pupil from the school 
for disorderly condu>.'t shall not extend beyond the current term, and may be, 
in the discretion of the director, for a shorter period. (§6606.) 

145. Appeal to Trustee.. 32. The decision of a director in excluding 
a pupil shall be subject to appeal to the township trustee, whose decision shall 
be final. (§6607.) 

[Acts 1907, p. 323. Approved March 9, 1907.] 

146. Common Schools Defined — High School Courses 1. The 

pubUe schools of the state shall be and are defined and distinguished as (a) 
elementary schools and (b) high schools. The elementary schools shall in- 
clude the first eight (8) years of school work, and the course of study for 
such years [that] which is now prescribed or may hereafter be prescribed by 
law. The commissioned high schools shall include not less than four (4) 
years' work following the eight years in the elementary schools. The high 
school course in non-commissioned high schools shall be uniform throughout 
the state and shall follow a course to be estabhshed and amended or altered 
from time to time as occasion may arise, by the state' board of education. 
(§6583.) 

147. High School Studies. 2. The following enumerated studies shall 
be taught in all commissioned high schools thi-oughout the state, together 
with such additional studies as any local board of education may elect to 
have taught in its high school: Provided, That such additions shall be sub- 
ject to revision of the state board of education. Mathematics: Commer- 
cial arithmetic', algebra, geometry. History : United States, ancient, medieval 
or modern. Geography: Commercial or physical. English: Composition, 
rhetoric. Literature: English, American. Language (foreign): Latin or 
German. Science: Biology, physics or chemistry. Civil government: 
General, state. Drawing. Music. (§6584.) 

1. For uniform high school text-books, see section 600. 

148. High School Inspector. 1. That the state superintendent of public 
instru.ition with the approval of the state board of ed-ii^ation, shall appoint 
a high school inspector who shall act under the direction of the state super- 
intendent and the state board of education. The duties conferred by law 



SCHOOL LAWS OF INDIANA 101 

upon the state board of education in making inspections of high schools 
shall be performed by the high school inspector. The high school inspector 
shall be paid a salary of two thousand five hundred dollars ($2,500) annually 
and he shall be allowed his necessary expenses while engaged in the perform- 
ance of his duties. (§6296a.) 

149. Appropriation, 2. An amount to pay the salary and expenses of 
the high school inspector is hereby appropriated out of the state treas-ory from 
moneys not otherwise appropriated. (§6296b.) 

[Acts 1889, p. 355. Approved March 9, 1889.] 

150. Kindergartens. 1. In addition to other grades or departments 
now established in the common schools of the state, the board of trustees of 
any incorporated town or city are hereby empowered by law to estabUsh, 
in connection with the common schools of such in< orporated town or city, 
a kindergarten or kindergartens for the instruction of children between the 
ages of four and six, to be paid for in the same manner as other grades and 
departments now established in the common schools of such inc^orporated 
town or city : Provided, however, That no money accruing to such incorporated 
town or city from the "s'^-hool revenue for tuition fund" of the state shall be 
used to defray the tuition and other expenses of such kindergarten; but the 
same may be defrayed from the local tax for tuition and the special school 
revenue of said iniorporated town or city. (§6483.) 

[Acts 1901, p. 123. Approved March 6, 1901.] 

151. Free Kindergarten Tax. 1. In any city having a population ac- 
cording to the last United States census of over six thousand, the board of 
school commissioners or school trustees may, in fixing the annual levy of taxes 
for school purposes, include therein two cents on each one hundred dollars 
of valuation for the purpose of providing a fund for the support of free kinder- 
garten schools in said city. (§6484, as amended 1911, p. 112.) 

152. How Collected and Disbursed. 2. The tax so levied shall be 
collected as the other taxes for school purposes in such city are collected and 
shall be disbursed by the county treasurer as other school funds raised by 
local taxation are disbursed, and said free kindergarten fund shall be appUed 
to the aid, maintenance and support of free kindergarten schools conducted 
by any association incorporated for that purpose having the approval of and 
designated by the superintendent of schools of said city, and said fund shall 
be from time to time paid over to said association for such use upon the 
written order of said superintendent directed to said county treasurer: Pro- 
vided, That in cities having a population of more than one hundred thousand, 
according to the last preceding United States census, such tax shall be levied 
and such association shall not receive such funds unless for more than two 
years next preceding it shall have maintained at least twelve such free kinder- 
garten schools. (§6485.) 

[Acts 1911, p. 485. Approved March 6, 1911.] 

153. IVIedical Inspection of Children. 1. That all school trustees 
and township trustees are herewith permitted and recommended to institute 
medical inspection of school children at any time, the said trustees may 



102 SCHOOL LAWS OF INDIANA 

require teachers to annually test the sight and hearing of all school children 
under their charge, the said tests and uses thereof to be made according to 
the rules hereinafter authorized. ( §6585a.) 

154. Medical Inspection Defined. 2. The term, medical inspection, 
as used in this act, shall be held to mean the testing of the sight and hearing 
of school children and the inspection of said children by school physicians 
for disease, disabilities, decayed teeth or other defects, which may reduce 
efficiency or tend to prevent their receiving the full benefits of school work. 
(§6585b.) 

155. School Physician — Appointment — Compensation. 3. Be- 
ginning with the school year 1911, sdiool trustees and township trustees 
may appoint at least one school physician for each school corporation: 
Provided, Where practicable, two or more school corporations may unite 
and employ one such physician, whose duties shall be such as are prescribed in 
this ac-t and the authorized rules, but no physician shall have more than 
2,000 school children under his charge. Said school physicians shall be grad- 
uates of a medical college, re-jognized by the state board of registration and 
examination, shall hold a Ucense to practice medicine in Indiana, and shall 
be informed and skilled in medical inspection of children, informed in the 
health laws and the health rules of the state board of health, shall be tem- 
erate, able-bodied, cleanly in person, not addi:jted to drugs, and of good moral 
character, and no others shall be appointed. School physicians may be dis- 
charged by the appointing power at any time. School physicians shall serve 
one year and until their successors are appointed, and shall receive such 
compensation as the appointing trustee or trustees may determine. (§6585c.) 

156. Physician's Duties. 4. School physicians shall make prompt 
examination and diagnosis of all children referred to them and such fm'ther 
examination of teachers, janitors and school buildings as in their opinion 
the protection of the health of the pupils and teachers may require. When- 
ever a school child is found to be ill or suffering from any physical defect, 
the school physician shall promptly send it home, with a note to parents or 
guardians, briefly setting forth the discovered facts, and advising that the 
family physician be consulted. If the parents or guardians are so poor as 
to be unable to give the relief that is necessary, then school trustees and 
township trustees, as the case may be, shall provide the necessary relief: 
Provided, That in cities where public dispensaries exist, the relief shall be 
given by said dispensaries. School physicians shall keep accurate card-index 
records of all examinations, and said records, that they may be uniform 
throughoTit the state shall be according to the form prescribed by the rules 
authorized in this a'it, and the method and manner of reports to be made 
shall be according to said rules: Provided, however, That if the parent or 
guardian of any school child shall at the beginning of the school year furnish 
tne written certificate of any reputable physician that the child has been 
examined and parents notified of the results of such examination in such 
cases the services of the medical inspector herein provided for shall be dis- 
pensed with, and such certificate shall be furnished by such parent or guardian 
from time to time, as x'equired by the trustee or S)oard of trustees having 
charge of such schools. (§6585d.) 



SCHOOL LAWS OF INDIANA 103 

157. Rules for Enforcement. 5. The state board of education and the 
state board of health, shall jointly pass rules for the detail enforcement of 
the purposes of this act, which rules shall bear the printed seals of said boards; 
the said rules to be printed and promulgated by the state printing board; 
promulgation to consist in supplying a reasonable number of copies to each 
county superintendent from whom all who are interested may procure a 
copy. (§6585e.) 

158. Penalty. 6. All violations of this act, except as otherwise provided 
shall be punished by a fine of not less than ten or more than fifty dollars. 
(§6585f.) 

[Acts 1907, p. 537. Approved March 12, 1907.] 

159. United States Flag. 1. It shall be the duty of the township 
trustees, board of school trustees and boards of school commissioners of the 
various school 'corporations of this state, upon the petition of a majority of 
the school patrons of any district school to procure a United States flag not 
less than six feet long for each school under their supervision. (§6413, as 
amended 1911, p. 453.) 

160. Display of Flag. 2. The township trustees, boards of school 
trustees and boards of school commissioners of the various school corpora- 
tions in this state shall cause the Um'ted States flag to he displayed upon 
every public school building under their control on every school day such 
school is in session: Provided, That the weather conditions permit. Such 
trustees and boards shall establish rules and regulations for the proper care, 
custody and display of the flag and when for any cause it is not displayed, 
it shall be placed conspicuously in the principal room or assembly hall of the 
school building. (§6414, as amended 1911, p. 453.) 

161. Destruction or Mutila ion. 3. It shall be unlawful for any per- 
son to mutilate or destroy any flag so owned by said school corporation, or to 
mutilate or destroy any flagstaff or appliances belonging to said school 
corporations as aforesaid. (§6415.) 

162. Penalty. 4. Any person violating the provisions of section 3 of 
this act shall be guilty of misdemeanor and on conviction shall be punished 
by a fine of not less than $25.00 for the first offense, and not more than $100.00 
for the second offense, to which may be added imprisonment for not more than 
thirty days. (§6416.) 

[Acts 1909, p. 356. Approved March 8, 1909.] 

163. Star Spangled Banner. The state board of education shall re- 
quire the singing of the "Star-Spangled Banner," in its entirety in the schools 
of the State of Indiana, upon all patriotic occasions, and that the said board • 
of education shall arrange and supply the words and music in sufficient quan- 
tity for the purposes indicated therein. (§6582a.) 

[Acts 1913, p. 759.] 

164. Legal Holiday^Discovery Day. 1. The first day of the week, 
commonly called S^mday; tiie first day of January, commonly called New 
Year's day; the fourth day of July; the twenty-fifth day of December, com- 



104 SCHOOL LAWS OF INDIANA 

monly called Christmas day; any day appointed or recommended by the 
president of the United States or the governor of Indiana as a day of pubU'? 
fasting or thanksgiving; the twelfth day of February, commonly called 
Lincoln's birthday; the twenty-second day of February, commonly called 
Washington's birthday; the thiitieth day of May, commonly called memorial 
day; the first Monday of Sertember, commonly called labor day; the twelfth 
day of October, commonly known as discovery day; and the day of any 
general, national or state election, shall be legal hoUdays within the State 
of Indiana for all purposes. And when any of said holidays (other tnan Sun- 
day) comes on Sunday, the Monday next sacceeding shall be the legal holi- 
day. (§9086.) 

[Acts 1913, p. 422.] 

165. Schools — Arbor Day — Fixing Date. 1. That for the pm-pose 
of encouraging the planting of shade and forest trees, shrubs and vines, 
the third Friday of April in each year is Hereby designated as a day for general 
observance and to be known as Arbor Day. (§7461a.) 

166. Proclamation. 2. The Governor shall make proclamation of 
said day in ea^^h year at least thirty days prior thereto. ( §7461b.) 

167. School Exercises. 3. Appropriate exercises shall be introduced 
in all the schools of the state; and it shall be the duty of the several county 
and city superintendents to prepare a program of exerdses for that day to 
to be observed in all the schools under their respective jurisdictions. The 
exercises on arbor day shall give due honor to the conservors of forestry, 
and the founders of tlie study and conservation of Indiana forestry. And 
especially to the leading spirit of Indiana forestry conservation, Charles 
Warren Fairbanks. (§7461c.) 

[Acts 1913, p. 693. Approved March 14, 1913.] 

168. State Song — "On the Banks of the Wabash, Far Away." 1. 

That the song entitled, "On the Banks of the Wabash, Far Away," words and 
music by Paii] Dresser, be and is herebv established as the state song of 
Indiana. The form in which this song shall be sung as the state song of 
Indiana shall be as follows : 

'Round my Indiana homestead wave the cornfields. 
In the distance loom the woodlands clear and cool. 
Often times my tho'ts revert to scenes of childhood. 
Where I first received my lessons — nature's school. 
But one thing there is missing in the picture, 
Without her face it seems so incomplete, 
1 long to see my mother in the doorway, 
As she stood there years ago,^her boy to greet. 

Chorus. 

Oh, the moonlight's fair tonight along the Wabash, 
From the fields there comes the breath of new- mown hay, 
Throjgh the sycamores the candle lights are gleaming, 
On the banks of the Wabash, far away. 



SCHOOL LAWS OF INDIANA 105 

Many years have passed since I strolled by the river, 

Arm in arm, with sweetheart Mary by my side, 

Tt was there I tried to tell her that T loved her, 

It was there T begged of her to be my bride. 

Long years have passed since T strolled thro' the churchyard. 

She's sleeping there, my angel, Mary dear, 

I loved her, but she thought I didn't mean it. 

Still I'd give my future were she only here. 

(§10135a.) 

[Acts 1913, p. 967.] 

169. State Flower — Carnation. Be it Resolved, By the House of 
Representatives, the Senate concurring. That the carnation be and the 
same is hereby adopted as the state flower of the State of Indiana. (Note 
under §10135a.) 

[Acts 1907, p. 616. Approved March 12, 1907.] 

170. Secret Societies Unlawful, 1. The common schools of the State 
of Indiana, both elementary and high schools, shaU be open to all children 
until they complete the courses of study in said common schools, subjc t to 
the authority of the teai'hers therein and to all the rules and regulations 
provided by the proper authorities for the government of such schools. It 
shall be unlawful for the pupils in any of the elementary or high schools of 
this state to form secret societies, fraternities or other similar organizations, 
in such schools; and the board of school commissioners or board of trustees 
of any school town or "ity, and the trustee of any s: hool township, and ti^e 
superintendent of any school, are hereby required to enforce the provisions 
of this ast by suspending, or, if necessary, expelling a pupil in any elementary 
or high school who refuses or neglc^its to obey such rules or regulations or any 
of them. (§6585.) 

[Acts 1911, p. 641. Approved March 6, 1907.] 

171. Night School. 1. In aU cities having a population of three thous- 
and, or more, according to the last pre -eding United State census the school 
trustees of sach cities may kee]: and maintain a night school, between the 
hoi'rs of seven and nine and a half o'clock p. m. during the reg'ilar school 
terms, as a part of the systems of common schools whenever twenty or more 
inhabitants of such city having children between the ages of fourteen and 
twenty-one years of age, or persons over the age of 21 years of age, and who 
by reason of their circumstances, are compelled to be employed or have their 
children employed during the school days to aid in the support of such famiUes 
who desire to and who shall attend such school, shall petition such school 
trustees so to do. (§6486.) 

172. Who May Attend. 2. All persons between the ages of fourteen 
and thirty, who are actually engaged in business or at labor during the day, 
shall be permitted to attend such school. (§6487.) 



106 SCHOOL LAWS OF INDIANA 



CHAPTER VIII. 
Military Training. 



Sec. 

173. Payments from special school fund 
authorized. 



Sec. 

174. Military instructors may act as 

physical directors. 

175. Military training not compulsory. 



[Acts 1917, p. 150. Approved March 5, 1917.] 

173. Payments from Special School Fund Authorized. 1. That 
whenever a system of military instruction shall have been instituted in a high 
school of any city or town in this state in such form as to authorize such 
school to receive arms, ammunition and equipment from the United States 
government, pursuant to regulations adopted by the war department, it 
shall be lawful for the school trustees or school commissioners of such school 
city or school town to pay out of the special school fund thereof freight charges 
on arms, ammunition and equipment issued by the national government from 
the place of issue to such school, insurance charges on such government prop- 
erty, and the premiums on bonds to cover the care, safe keeping and return 
of such government property, authority to execute such bonds being hereby 
vested in such trustees or commissioners ; to pay for the construction of arms 
racks, and other facihties for the care and preservation of such arms and 
equipment, scahng walls, indoor targets and such other equipment as in the 
opinion of the school board is necessary to the system of mihtary instruction. 

174. Military Instructors May Act as Physical Directors. 2. When- 
ever any such system of military training shall have been established in any 
city or town, and no military instructor has been detailed to such school by 
the national government, or, where a detail has been made and additional 
military instructors are necessary, the board of school trustees oi school com- 
missioners of such school city or school town may employ suitable and com- 
petent persons as mihtary instructors, who shall receive pay as in the ease 
of other instructors in such school. No person shall be deemed suitable and 
competent for such purpose unless he shall hold a certificate of eUgibihty 
issued by the state board of education upon examination conducted by a 
board of three military officers, at least one of whom shall be duly com- 
missioned in the regular army of the United States : Provided, however, That 
the same person may act as physical director and military instructor in any 
school when he is qualified to perform the duties of both. 

175. Military Training not Compulsory. 3. Nothing in this act 
contained shall be construed to authorize compulsory military training in 
any of the schools of this state, or abridge the right of the authorities of any 
school to make proper rules and regulations for the government of its student 
body. Provided, That no system of mihtary training or education shall be 
instituted or carried on in any school in the State of Indiana, unless the same 
be under the supervision of an instructor detailed for that purpose by the. 
federal government, or a competent and quahfied instructor under the provi- 
sions of this act. 



SCHOOL LAWS OF INDIANA 



107 



CHAPTER. IX. 

School Property. 



Sec. 
1.76. 
177. 

178. 

179. 

180. 
181. 
182. 
183. 
184. 

185. 

186. 

187. 
188. 
189. 
190. 
191. 

192. 



193. 
194. 
195. 
196. 

197. 
198. 
199. 
200. 
201. 

202. 



Title to school property. 

Use of schoolhouse for private 
school. 

Use of schoolhouse for other pur- 
poses. 

Schools — Buildings used for public 
gatherings. • 

Bmldings to be Ughted and heated. 

Control of school board. 

Responsibility for damages. 

Schoolhouse, when sold. 

Sale of school property by township 
trustee. 

Schools — Old school buildings — 
Tearing down. 

Sale of old btiildings — Use of old 
material. 

Changing site of schoolhouse. 

N otice of petition to change. 

Penalty. 

Schoolhouse in annexed territory. 

Annexed territory — Assessed valua- 
tion — Bonded indebtedness. 

Schoolhouse or property — Appraise- 
ment — Liability for unpaid in- 
debtedness. 

Donations and bequests. 

Petition of majority of voters. 

Sale of bonds. 

Donations made to school corpora- 
tions. 

Conditional gift. 

Income from gifts. 

Trustee for gift^ — Powers. 

Identity of gift not to be lost. 

Rats — Extermination — Teaching 
hygiene in school. 

Schools — Buildings and grounds for 
high schools — County commis- 
sioners authorized to accept. 



Sec. 

203. Trustees of county high schools. 

204. Duties of trustees. 

205. Purchase of real estate — Petition. 

206. Appraisement. 

207. Duty of appraisers- -Payment — 

Title — Trial. 

208. Tender before appraisement — 

Costs. 

209. Schools — Transfer of property by 

civil to wnships. 

210. Transfer upon petition. 

211. School property liable for public 

improvements. 

212. Former payments legalized — Lien. 

213. Special school fund. 

214. Doors must swing outward. 

215. Schools — Sanitary buildings. 

216. Temperature— Uncleanhness — 

Teachers — Penalties. 

217. Hygiene and sanitary science — 

Printed data. 

218. Schools — School officers — Powers. 

219. Penalty as to officers. 

220. Buildings in towns — Use by town- 

ship. 

221. Buildings — Fire — Means of escape. 

222. Fire escapes. 

223 . Plan of escapes — Approval . 

224. Penalties. 

225. Inspectors — Duties — Penalty. 

226. Township trustee — Duties. 

227. State lire marshal — Schools — 

Teachers— Compulsory tire drill. 

228. Penalty. 

229. Fines paid to state treasurer. 

230. Fire drills — Report. 

231. Duty of school trustees or com- 

missioners. 



176. Title to School Property. 157. The title to all lands acquired 
for school purposes shall be conveyed to the township, incorporated town, 
or city for which it is acquired, in the corporate name of such township, town 
or city, which is used for school purposes, for the use of common schools there- 
in. In all cases in whi.-h the title to any such land is vested in any other 
person or corporation than as above provided, it shall be the duty of the trustee 
for school purposes of the township, town, or city, to procure the title to be 
vested as in this section provided. ( §6609.) 



108 SCHOOL LAWS OF INDIANA 

1. Where a new school corporation is formed within the limits of another, the 
new corporation becomes vested with the title to the school property within its boun- 
daries. — School Town v. Plain School Twp., 86 Ind. 682; School Twp. v. School Town, 
lOgind. 559. 

2. One school corporation can not own property within the limits of another school 
corporation. — State v. Shields, 56 Ind. 521. 

3. If a portion of a school township is annexed to a city, the school property in- 
cluded within such annexed portion will remain the property of the school township. — 
Pickert v. City of Peru, 60 Ind. 473. 

177. Use of Schoolhouse for Private School. 158. When a school 
house is unoccupied by a common school of the state, and the people who 
form the school at such house desire that a private school be taught therein, 
and a majority of them make appUcation to the trustee having charge of such 
house for the use of it for such private s-'hool, it shall be the duty of the 
trustee to permit said school house to be used for such private school by sach 
teacher as may be mentioned in the application, but not for a longer time than 
until said house may be wanted for a public school; and such permission and 
use shall be upon the condition that the teacher employed in said suhool shall 
report, in writing, to the trustee — 

First. The number of teachers employed, distinguishing between male 
and female. 

Second. The number of pupils admitted into the s'^hool within the term, 
and the average daily attendance. 

Third. The cost of tuition, per pupil per month, in said school. (§6613.) 
[Acts 1859, p. 181. Approved March 3, 1859.] 

178. Use of Schoolhouse for Other Purposes. 6. If a majority of 
the legal voters of any school district desire the use of the schoolhouse of 
such distri-^-t for other purposes than common schools, when unoccupied 
for common school purposes, the trustee shall, upon such appUcation, author- 
ize the dire'^tor of such school district to permit the people of such district 
to use the house for any such purpose, giving equal rights and privileges to 
all religious denominations and politir^al parties, without any regard what- 
ever to the numerical strength of any religious denomination or poKtical 
party of such district. ( §6614.) 

1. Use of the Schoolhouse. The trustee, upon application of a majority of 
the legal voters of a school district, may authorize the director to permit the use of the 
house for other than school purposes, and a complaint to enjoin such use must aver that 
a majority of the legal voters of the district have not expressed a desire therefore. — 
Hurd V. Walters, 48 Ind. 148. 

2. Schoolhouses can not be used for any purpose other than for schools during 
school terms, and such use may be enjoined. — -Baggerly v. Lee, 37 App. 139. 

[Acts 1913, p. 947. In force March 18, 1913.] 

179. Schools — Buildings Used for Public Gatherings. 1. That 

upon application of not less than one-half of the voters residing within two 
(2) miles ot any school house or other pubhc buildings or grounds, which are 
capable of being more widely used as pubUc meeting pla:^es for non-partisan 
gatherings of citizens, for the presentation and discussion of public questions 
or for other civic, social or recreational a> tivities, the township trustee or 
other authorities having charge of such schoolhouses, public buildings or 
grounds shall allow the use of such buildings or grounds for the open presenta- 



SCHOOL LAWS OF INDIANA 109 

tion and free discussion of public questions, and may allow the use of such 
buildings or grounds for sach other civic, social and recreational activities 
as in the Oi»inion of the controlling board do not interfere with the prime 
purpose of the building or grounds. (§6614b.) 

180. Buildings to be Lighted and Heated. 2. Where tne citizens 
of any comm;anity are organized into a non-partisan, non-sectarian, non- 
exclusive association for the presentation and discussion of public questions, 
the school board or other body having charge of the schoolhouses or other 
pubUc properties which are capable of being used as meeting places for such 
organization, when not being used for their prime pitrpose, shall provide, free 
of charge, Ught, heat and janitor service, wheie necessary, and shall make 
such other provisions as may be necessary for the free and convenient use of 
such building or grounds, by such organization for weekly, bi-weekly or 
monthly gatherings at such times as the "itizens' organizations shall request 
or designate. (§6614c.) 

181. Control of School Board. 3. The school board or other board 
having charge of the school houses or other public properties, may provide 
for the free and gratuitous use of the schoolhouses, or other pubUc properties 
under their charge for such other civic, social and recreational activities, 
as in their opinion do not interfere with the prime use of the buildings or 
properties. (§6614d.) 

182. Responsibility for Damages. 4. The person or persons making 
application for the use of a school house or other pubUe property for pubUc 
meetings, shall be responsible for all damage to the property oeeuring at such 
meetings, ordinary wear and tear excepted, and upon failure of the responsible 
person or persons to respond in damages for any su^h injury to the property, 
the school board or other board in charge of the schoolhouse or other public 
property, may recuse all fut'xre applications for the widcx* use of the property 
until such inj'iry is repaired, without expense to the board in charge of the 
property. (§6614e.) 

[Acts 1865, p. 3. Approved March 6, 1865.] 

183. Schoolhouse, When Sold. 149. The proper trustee may, 
whenever a schoolhouse shall have been removed to a different location, 
or a new one ere^'ted for the school in a different place, if the land whereon 
the same is sitiiated belongs unconditionally to the township, town or city, 
sell the same, when, in his opinion, it is advantageous to tha township, town 
or jity, so to do, for the highest price that can be obtained therefor; and uDon 
the payment of the purchase money to the townshi[), town or city treasurer, 
he shall execute to the p'lrchaser a deed of conveyance, which shaU be sufficient 
to vest in such pur'^haser all the title of such townshijj, town or city thereto. 
Ttie money derived from such sale shaU be a part oP the special school revenue. 
(§6615.) 

[Acts 1907, p. 575. Approved March 12, 1907.] 

184. Sale of School Property by Township Trustee. 1. In all cases 
where s-hool properties have not been used and occupied for school purposes 
for a period of two years, or are unnecessary by reason of the construction of 
other school houses, and the said school property shaU belong unconditionally 



110 SCHOOL LAWS OF INDIANA 

to the township, the proper trustee may, upon petition signed by two-thirds 
(2-3) of the qualified voters of the school district wherein said property is 
situated, sell the same for the highest price that can be obtained therefor, 
but not less than two-thirds of its appraised value, and upon the payment 
of the purchase money to the township trustee, he shall execute to the pur- 
chaser a deed of conveyance, if of real estate, and a bill of sale if of building or 
buildings, which shall be sufficient to vest in such purchaser all the title of 
such township thereto. Such sale shall be made only after said property has 
been duly appraised by three disinterested householders of the neighborhood, 
as other property is required to be appraised, and the publication of notice 
of the sale thereof for three successive weeks in a newspaper of general circula- 
tion printed and published in the township, if any, otherwise in such paper 
printed and published in the township nearest thereto, and by posting five 
(5) notices of such sale in the township, three of which shall be in the district 
wherein said property is situated, at least three weeks prior to the date of 
such sale. The money derived from such sale shall be a part of the special 
school revenue, and shall be duly reported and accounted for by' such trustee. 
(§6616.) 

1. Conveyances. A deed to the school towTiship for the use of the township 
for school purposes is an absolute and not a conditional conveyance; and the township 
may sell the property so deeded. The deed of the township should be made in the name 
of the school township, and signed by the trustee. School boards of cities and towns 
may sell and convey a school lot upon the conditions named in this section. 

[Acts 1913, p. 594. Approved March 13, 1913.] 

185. Schools — Old School BuUdings — Tearing Down. 1. That when- 
ever any city or town having title to real estate by purchase, gift or otherwise, 
for school purposes within such city or town, upon which real estate there is 
situate a public school-building or other buildings, connected therewith, 
which are in bad repair or otherwise insufficient to meet the necessary re- 
quirements for the full enjoyment and advancement of proper educational 
uses and activities, and should it now, or hereafter, be deemed by said board 
of trustees necessary for said school city or school town to tear down or other- 
wise remove such school-building or buildings connected therewith, and in 
lieu of the use of them or any one of them construct new pubUe school- 
buildings or other buildings connected therewith, upon the real estate occupied 
by said old and insufficient school building or other buildings connected there- 
with, the trustees of school cities of incorporated cities and trustees of school 
towns of incorporated towns of the State of Indiana, are hereby authorized 
and empowered to tear down or otherwise remove any such old and insuffi- 
cient school-building or other buildings connected therewith, for the purpose 
of erecting upon said real estate a new school-building, or other buildings 
connected therewith in lieu of those removed or torn down. (§6563a.) 

186. Sale of Old Buildings— Use of Old Material. 2. Boards of 

trustees of school cities and boards of trustees of school towns are hereby 
authorized, shoidd said board of trustees deem it most advantageous to said 
school city or school town to do so, to sell at private sale said old and insufficient 
school-building or other buildings connected therewith in all cases where it 
is necessary in order to meet the requirements for the enjoyment and advance- 



SCHOOL LAWS OP INDIANA 111 

ment of proper educational uses and activities, to erect new school-buildings 
or other buildings connected therewith upon the real estate occupied by said 
old and insufficient school-building or buildings. Before the sale of any such 
building or buildings shall be authorized however, said board of school trustees 
shall cause said building or buildings to be appraised at a fair cash value by two 
reputable resident householders and free holders of the school city or school 
town offering said building or buildings for sale, and said appraisement shall 
be made under oath and spread of record upon the records of said board of 
trustees, and no sale shall be made for loss than the appraised value, and for 
cash, and the same shall be applied to the payment of the cost of the new 
building or buildings proposed to be constructed. The board of trustees as 
aforesaid, shall also cause a notice to be given reeiting therein the terms, 
time and place of sale, and a general description of the building or buildings 
to be sold by publishing the same once each week for a period of two consecu- 
tive weeks in some newspaper of general circulation printed and published 
in the city or town where said building or buildings are for sale. If no 
such newspaper be published in said city or town, then by publishing said 
notice for a like period of time in any newspaper of general circulation printed 
and published in the county where said building or buildings are for sale. 
If no newspaper be printed or published in the county then by publishing 
said notice for a like period of time in any newspaper, if any, circulating in 
said city or town, and in addition thereto by posting a written or printed 
notice in five different public locations in said city or town where said building 
or buildings are for sale: Provided, however. The board of trustees of school 
cities and boards of trustees of school towns may, if they deem it most ad- 
vantageous to said school city or school town to do so, incorporate all or any 
part of the material constituting said old or insufficient school-building con- 
nected therewith as a part of the plans and specifications used or to be used 
by said board of trustees in the construction of said new school-building or 
other building connected therewith, and the value of said old material so 
incorporated as aforesaid, shall be taken into consideration and finally deter- 
mined in the submission of bids for the construction of said new school- 
building or other buildings connected therewith, by the person or persons, firms 
or corporations making sealed proposals for the construction of said building 
or buildings, as aforesaid, and all of said sealed proposals shall be based upon 
the quantum of material constituting said old building or buildings incor- 
porated as aforesaid, in the plans and specifications ultimately adopted by 
said board of trustees for the construction of said new building or buildings; 
and the notice given to all contractors for sealed proposals for construction, 
and the award of the contract thereto, and the contract entered into by and 
between the successful bidder or bidders and said board of trustees for the 
construction of said new school-building or other buildings connected there- 
with shall so provide: And, Provided, further. Said board of trustees of such 
school cities and school towns shall also be empowered in cases of repairing 
and remodeling old and insufficient school-building or other buildings con- 
nected therewith to also incorporate the old material, in whole or in part, 
constituting said building or buildings in the specifications for the repairment 
or remodeling of such buildings or building as hereinbefore provided; or 
should it be deemed more advantageous to said school city or school town, 
said board of trustees in cases of repairment or remodeling as aforesaid, may 



112 SCHOOL LAWS OF INDIANA 

sell said old material, in whole or in part, which sale shall be governed by the 
provisions of this act as hereinbefore provided. (§6563b.) 

[Acts 1893, p. 17. Approved Feb. 7, 1893] 

187. Changing Site of Schoolhouse. 1. Whenever it becomes neces- 
sary for the trustee of any township in this state to change and re-establish 
the site of any school-building and remove said building to a new site and 
location therefor, such trustee shall first present to the county superintendent 
of schools of the county in which such township is situated, a petition setting 
forth therein the place and particular point to where it is desired to change 
and relocate the site of any such building, and to remove the same thereto, 
together with a brief statement of the purposes and reasons for such proposed 
change of location of said school building, and upon such petition shall first 
procure an order from such county superintendent, authorizing him to change 
the site and location of such school-building, and remove said building to its 
new site and location: Provided, That said petition shall be signed by said 
trustee and the majority of the patrons of the school where said building is 
located, and satisfactory proof shall be made to said county superintendent 
that the persons signing said petition constitute a majority of the patrons of 
said school. (§6417.) 

1. Under this act, a schoolhouse can be removed and relocated at a different 
place only with the concurrence of the township trustee, a majority of the patrons of 
the school, and of the county superintendent of schools. — Carnahan v. State, 155 Ind. 
156. 

2. The only manner of reviewing the action of the trustee as to the location of a 
school house is by an appeal from his decision. — Braden v. McNutt, 114 Ind. 214; 
State V. Schruetzer, 156 Ind. 528; State v. Black, 166 Ind. 138. 

3. The decision of a school superintendent as to the location of a schoolhouse is 
binding on the trustee. — Knight v. Wood.s, 129 Ind. 101. 

4. Mandamus will not lie to compel a township trustee to locate a school and build 
a school house. — State v. Black, 166 Ind. 138. 

5. In order to obtain the removal and relocation of a school house, the township 
trustee and a majority of the school patrons of the district must join in a petition to 
the county superintendent for such purpose. — Brandt v. State, 171 Ind. 288. 

6. The patrons of a school who may sign a petition for the removal and relocation 
of a schoolhouse are the legal patrons living in the school district and who were enumer- 
ated in April of the year in which the petition is signed, or who are proved to be such 
patrons although not enumerated. — Willan v. Richardson, 51 App. 102, 98 N. E. 1094. 

188. Notice of Petition to Change. 2. Before such county superin- 
tendent shall grant such order such trustee shall make and file with said 
superintendent his affidavit that he has caused notice to be given of such 
petition, the purposes thereof, the place of the change of location of such school 
building, and the time when the same will be presented to the said county 
superintendent by posting notices in not less than five pubhe places in his 
township, three of which shall be in the immediate neighborhood from where 
such school building is to be removed, at least twenty days prior to the time 
when the same is to be heard by said county superintendent. (§6418.) 

189. Penalty. 3. The trustee of any township in this state violating 
the provisions of this act shall be guilty of a misdemeanor, and, upon convic- 
tion thereof, shall be fined in any sum not less than fifty nor more than 
five hundred dollars. ( §6419. ) 



SCHOOL LAWS OP INDIANA 113 

[Acts 1893, p. 194. Approved March 3, 1893.] 

190. Schoolhouse in Annexed Territory. 1. Whenever there has 
been, or may hereafter be, by proper proceedings, any territory annexed to 
any city or incorporated town of this state, which territory included within 
such boundary as annexed any real estate which, prior to such annexation, 
was the property of the school township adjoining such town or city, and used 
for school purposes by such school township, such real estate shall, by virtue 
of such annexation, at once become in fee simple the property of the school 
corporation of such town or city within the corporate boundaries of which 
it is found after such annexation of territory, and it is hereby made the duty 
of the township trustee to at once execute and deliver to the school corpora- 
tion of such town or city a deed conveying such title as his school township 
has foi* all school property which has passed, by such proceedings, from the 
territorial jurisdiction of the township to that of a town or city. (§6611.) 

1. Section Valid. The above section is valid, even if the old township is in debt 
for the school house, and the annexing city or town is not bound to contribute to the 
payraent of the debt. If the township trustee refuses or neglects to convey the property 
to such annexing city or town he may be compelled to do so by mandate of the courts. — 
Board v. Center Township, 143 Ind. 391. This decision modifies the following cases: 
Carson v. State, 27 Ind. 465; Heizer v. Yohn, 37 Ind. 415; State v. Shield, 56 Ind. 621; 
Eechert v. City of Peru, 60 Ind. 473; School Township of Leesburgh v. Plain School 
Township, 86 Ind. 582; School Township of Allen v. School Town of Macy, 109 Ind. ■ 
559; Newpoint Lodge v. School Town of Newpoint, 138 Ind. 141. 

[Acts 1917. p. 378. Approved March 8, 1917.] 

191. Annexed Territory — Assessed Valuation — Bonded Indebted- 
ness. 1. That in all cases when any city, township or incorporated town shall 
annex any territory of another township, city or incorporated town, or when 
any town shall be hereafter incorporated in any township embracing unin- 
corporated territory, and when the territory so annexed or incorporated shall 
be situated in a township, city or incorporated town haAdng a bonded in- 
debtedness unpaid and outstanding, the city, township or incorporated town 
annexing or incorporating such territory shall be liable for such proportion 
of such bonded indebtedness existing at the time of annexation or incorpora- 
tion as the assessed valuation of the taxable property situated in such terri- 
tory so annexed or incorporated bears to the assessed valuation of the taxable 
property of such township, city or incorporated town as shown by the last 
preceding assessment for taxation. 

192. Schoolhouse or Property — Appraisement — Liability for Un- 
paid Indebtedness. 2. If a schoolhouse or schoolhouses or other school 
property shaU be located on such territory so annexed or incorporated, such 
schoolhouse or schoolhouses or other school property shall be appraised at 
or before the time of such annexation or incorporation by three (3) disinterest- 
ed persons, one (1) of whom shall be appointed by the board of school com- 
missioners of the school city or school cities corresponding to such 
civil city or civil cities, one by the board of trustees of the school 
town corresponding to such civil town, and one (1) by the township trustee 
of the township within which such annexed territory is situated, and the third 
by the two (2)^persons so chosen as the case may be, none of the persons 
chosen shall be residents of the township, city or incorporated town affected. 

8554—8 



114 SCHOOL LAWS OF INDIANA 

Before proceeding to the discharge of their duty each such appraiser shall 
take and subscribe an oath that he will honestly appraise such schoolhouse 
or schoolhouses and school property at its fair cash value, and such appraisers 
shall return their appraisement when completed to the clerk of the circuit 
court of the county in which such school city, school town and township are 
located and such appraisement shall by such clerk be filed and recorded. 
The appraisement of such appraisers may be reviewed by the circuit or 
superior court in which such proceedings may be had, on written exceptions 
filed by either party in the office of the clerk of the circuit or superior court, 
within ten (10) days after the filing of such appraisal and the court shall make 
such order therein as right and justice may require, by ordering a re- 
appraisement on good cause shown. If no such exceptions shall be filed within 
such period of ten (10) days such appraisement So made and recorded shaU be 
deemed binding on such school city or school town and school township. 
No such appeal shall delay the annexation of such territory and the subse- 
quent proceedings on the appeal shall only affect the amount of compensation 
to be allowed. Until such township, city or town school corporation shall 
have paid such indebtedness, it shall not be entitled to a deed therefor, and 
if such indebtedness is paid by said school township, town or city, such school 
township, town or city, shall be entitled to recover the amount so paid from 
gaid city, town or township school corporation with interest at the rate of six 
per cent (6%) per annum from date of payment, and on payment of such 
amount the said school corporation shall be entitled to a deed of such prop- 
erty as now by law provided, whenever any annexation of such property 
has been made prior to the passage of this act then liability on the part of 
such annexing city, town or township for any such indebtedness remaining 
unpaid at the time of the passage of this act, shall be under this act the same 
as if such annexation had taken place subsequent to the passage of this act. 

[Acts 1877, p. 126. Approved March 7, 1877.] 

193. Donations and Bequests. 1. Whenever any person shall give 
or bequeath unto trustees any sum of money exceeding five thousand dollars, 
for the purpose of erecting a public school building or seminary in any unin- 
corporated town in this state, and upon the express or implied condition 
contained in said bequest that an amount equal thereto shall be raised by 
the citizens of said town or township for a like purpose, the township trustee 
of said township in which said town is situated shaU, upon the petition of a 
majority of the legal voters of said township, be authorized to prepare, issue 
and sell the bonds of said township, to secure a loan not exceeding fifteen 
thousand doUars in anticipation of the revenue for special school purposes, 
for the purpose of complying with the condition annexed to such gift or devise 
^said bonds to bear a rate of interest not exceeding seven per cent per annum, 
payable at such time, within seven years from date, as such trustee may 
determine : Provided, That until all the bonds of any one issue shall have been 
redeemed, such township trustee shall not be authorized to make another 
issue, nor shall any such bonds be sold at a less rate than ninety-five cents on 
the dollar. (§6624.) 

194. Petition of Majority of Voters. 2. The whole number of votes 
cast for candidates for congress at the last preceding congressional election 



SCHOOL LA.WS OF INDIANA 115 

in the township shall be deemed to be the whole number of legal voters of 
such township, a majority of whose names shall be signed to the petition 
presented to such township trustee; to which petition shall be attached the 
affidavit or affidavits, as such trustee may deem necessary, of a competent 
and credible person or persons that the signature of aU the names to said 
petition are genuine, and that the persons whose names are thereto signed are, 
as he believes, legal voters of such township. (§6626.) 

195. Sale of Bonds. 3. The township trustee shall record such petition, 
together with the names attached, in the record-book of his township, and 
carefully file away and preserve said petition, and shall enter in such record a 
statement of the time when such petition was filed; and, if said trustee 
shaU then be satisfied that said petition contains the names of a majority of 
the legal voters of said township, he shall then prepare, issue and sell bonds 
to the amount petitioned for in such petition, as provided in section 1 of this 
act (§6624) and shall accurately keep a record of all proceedings in and 
about the issue and sale of such bonds, to whom, and for what amount sold, 
the rate of interest they bear, and the time when they become due. (§6627.) 

[Acts 1901, p. 555. Approved March 11, 1901.] 

196. Donations Made to School Corporations. 1. All common 
school corporations of this state be and they hereby are authorized and 
empowered to acquire by gift, devise or bequest real estate and personal 
property, and any such gift, devise or bequest heretofore made is hereby 
legalized as fully as if made after the taking effect of this act. (§6628.) 

197. Conditional Gift. 2. Any such common school corporation 
which has heretofore acquired or shall hereafter acquire any personal property 
or real estate by gift, devise or bequest, in respect of which the donor or testa- 
tor at the time of making the same, has annexed or may annex conditions or 
directions concerning the manner in which the same shall be held, used, 
enjoyed or disposed of, shall hold, use, enjoy and dispose of the same agree- 
ably to the terms and conditions so imposed by the donor or devisor. (§6629.) 

198. Income from Gifts. 3. In every case where any such common 
school corporation has heretofore acquired or shall hereafter acquire any 
personal property or real estate by gift, devise and bequest in respect of which 
the donor or testator, at the time of making the same, has not or shall not 
annex conditions or directions concerning the same inconsistent with the 
requirements of this section, the principal of such gifts, devises and bequests 
shall be inviolate, but the interest, rents, incomes, issues and profits, thereof, 
may be expended by such school corporation. Such interest, rents, incomes, 
issues and profits shall not be devoted to the payment of any obligation of 
the corporation incurred before the property was acquired, nor to the pay- 
ment of the salaries or wages of teachers, of the branches commonly and 
generally taught in the pubUe- schools, or for school or library officers or em- 
ployes, nor to the purchase of ordinary school fm-niture or supplies of the 
character required by the corporation to be paid for from the current income 
or. revenue coming to it from taxes or by operation of law, but the same may 
be devoted to any pubUc educational or public hbrary or kindred purpose, 
for which in the judgment of the managing board or trustee of the corpora- 



116 SCHOOL LAWS OF INDIANA 

tion adequate financial provision shall not have been made by law. If in the 
judgment of such board or trustee, it seems wise to invest the principal of 
the gift, devise or bequest in the erection or equipping, or both, of a building 
to be devoted to some special use of a public educational or library character, 
and the expressed will of the donor or testator wiU not thereby be violated, 
the principal may be so used, anything in this act to the contrary notwith- 
standing, but this provision shall not be construed to permit its use for the 
building or equipping of buildings for the ordinary graded or high schools. 
(§6630.) 

199. Trustee for Gift — Powers. 4. If in the judgment of the board 
of trustees or school commissioners of any corporation coming under the 
terms of this act, it would be wise to appoint a trustee or trustees to hold the 
title to any such property, real or personal, heretofore acquired or that may 
be hereafter acquired by it in the manner mentioned in this act, unless the 
wish and wiU of the donor or testator expressed as aforesaid would thereby 
be violated, and to invest the principal and pay over from time to time onlj^ 
the net interests, rents, issues, incomes and profits of the fund to the school 
corporation for use as in this act provided, such school corporation is hereby 
authorized and empowered to name and appoint such trustee or trustees and 
to vest in him or them the title to such property subject to such trust and 
powers as the school corporation may impose not inconsistent with the wish 
or wiU of the donor or testator, expressed as aforesaid, or of the provisions of 
this act applicable to such property in case no such transfer to a trustee has 
been made. Provided, That if the managing board of such school corpora- 
tion shall consist of fewer than three persons, and the school corporation 
elects to have the property held and managed by trustees, the corporation 
shall establish the terms of the trust and make the conveyance, but the 
trustees shall in such ease be not fewer than three and shall be named and 
appointed by the judge of the circuit court of the county in which the school 
corporation is domiciled. (§6631.) 

200. Identity of Gift not to be Lost. 5. It is the main purpose of 
this act that the identity of the principal of gifts and benefactions of friends 
of the state's public schools may not be lost and that the income from their 
investment shall be used in giving to school children and the public educa- 
tional and library advantages that could not be enjoyed if only the school 
and library revenue and income provided by law were available, but nothing 
in this act shall be construed as a limitation against the investment and 
reinvestment either by the school corporation itself or the trustees appointed 
agreeably to this act, from time to time as the safety of the fund or the best 
interests of the corporation may to the school corporation to which it is 
given, seem to require. (§6632.) 

[Acts 1913, p. 638. Approved March 14, 1913.] 

201. Rats — -Extermination — ^Teaching Hygiene in Schools. 1. 

That it shall be unlawful for any person, firm, co-partnership, company 
or corporation owning, leasing, occupying, possessing or having charge of 
any land, place, building, structure, stacks or quantities of wood, hay, corn, 
wheat, or other grains or materials, or any vessel or water craft, to permit 
the same to become rat infested, and it shall be the duty of any such person, 



SCHOOL LAWS OF INDIANA 117 

firm, co-partnership, company, or corporation, upon any knowledge or 
notice, to at once proceed and to continue in good faith to endeavor to ex- 
terminate and destroy such rats by poisoning, trapping and other appropriate 
means, such as may be suggested by the state board of health or the local 
health officers. And it shall be the duty of the trustees of the several town- 
ships and the boards of school trustees of the several cities and towns in 
the state, to make provisions in the public schools under their jurisdiction 
for the illustrative teaching of the anatomy, physiology and hygiene of 
the human system; the effects of alcohol and nicotine; the cause and 
course of consumption; the dissemination of diseases by rats, flies and 
mosquitoes and the effects thereof, and the prevention of diseases by the 
proper selection and consumption of food. (§7648j.) 

1. This act consists of seven sections, the first of which is printed herein. Section 
5 authorizes the Governor to designate by a proclamation "rat day." 

[Acts 1889, p. 400.] 

202. Schools — Buildings and Grounds for High Schools — County 
Commissioners Authorized to Accept. 1. That whenever any 
person or persons shall donate to any county of the state, any building, or 
buildings, together with the necessary grounds, of the value of not less than 
$10,000, in counties having a population of less than twenty-five thousand 
(25,000) and of the value of twenty thousand dollars ($20,000) in counties 
having a population in excess of twenty-five thousand (25,000) for the 
purpose of maintaining a county high school or county agricultural school 
therein, it shall be the duty of the board of county commissioners of such 
county to accept such donation for the purpose herein named. (§6868. As 
amended Acts 1913, p. 763.) 

1. Township liigh schools, sections 6584a-6584c, aiding colleges and high schools 
by donations and appropriations, sections 6826-6843. 

[Acts 1889, p. 400. Appoved March 11, 1889.1 

203. Trustees of County High Schools. 2. Whenever the board of 
commissioners of any county shall accept any donation as provided in the 
preceding section of this act, it shall be the duty of the county board of 
education, together with the county commissioners, to meet at the auditor's 
office within ten days after such acceptance, and annuaUy thereafter on the 
first day of May, for the purpose of electing trustees for such school. At the 
first of said meetings three trustees shall be elected to serve until the first, 
second and third annual election, respectively, to be determined by lot, and 
one trustee shall be elected at each annual election, to serve for a term of 
three years. Said persons shaU constitute a board of trustees for the manage- 
ment of said school and before entering upon the duties of their office, shall 
take an oath faithfuUy to discharge the duties of the same. They shall meet 
within five days after their election at the office of the county superintendent 
of said county and organize by electing one of their number president, one 
secretary, and one treasurer. The treasurer, before entering upon the duty of 
his office, shall execute a bond to the acceptance of the county auditor, 
conditioned as ordinary official bonds, with at least two freehold sureties 



118 SCHOOL LAWS OF INDIANA 

who shall not be members of said board of trustees, in a sum not less than 
double the amount of money which may come into his hands within the 
ensuing year by virtue of his office. The president and secretary shall each 
give bond, with hke sureties, in the sum of one thousand dollars; all of said 
bonds to be approved by the county auditor. All vacancies that may occur 
in said board of trustees shall be filled by the county auditor. The board of 
trustees shall each year, within five days after the annual election of a member, 
reorganize their board and execute their respective bonds for the ensuing 
year. Said trustees shall receive for their services such compensation as the 
board of county commissioners m.a,j deem just — their allowance to be drawn 
from the revenues of said school. (§6869.) 

204. Duties of Trustees. 3. It shall be the duty of such board of 

trustees — 

First. To levy annually a tax for the support of said county school, 
which tax shall be assessed and collected as the taxes for state and county 
revenues are assessed and collected: Provided, That no such tax levy, in 
any one year, shall exceed the sum of fifteen cents on each one hundred dollars 
of the taxable property in their respective counties. 

Second. To take control of all propertj^ belonging to said school and to 
make all necessary improvements and repairs to the same; to organize such 
school and adopt and enforce rules for the government of the same, purchase 
apparatus and general supphes, employ and pay teachers, appoint superinten- 
dent, establish a course of study; to admit to such county school all pupils 
resident of the county who are prepared to enter the high school department 
of the common schools, without cost of tuition; to fix terms and rules for 
admitting pupils not resident of their respective counties, and to do all other 
necessary acts for the proper management of said school. (§6870.) 

[Acts 1907, p. 114. Approved March 1, 1907.] 

205. Purchase of Real Estate — Petition. 1. Whenever, in the 
opinion of the trustees of school corporations of any city or town, or of the 
township trustee of any township in the state,-it shall be considered necessary 
to purchase any real estate on which to build a school house, or for any other 
purpose connected therewith, such township trustee or school trustees, or a 
majority of them, may file a petition in the circuit court of said county, 
asking for the appointment of appraisers to appraise and assess the value 
of said real estate. (§6633.) 

206. Appraisement. 2. Upon said petition being filed, the owner or 
owners of said real estate, having had ten days' notice of the pendency 
thereof, the court shall appoint three freeholders, resident in said school 
corporation or said township where said real estate is situate, to appraise 
and assess the value thereof. (§6634.) 

207. Duty of Appraisers — Payment — Title — Trial. 3. Said ap- 
praisers, before making said appraisement and assessment, shall take an 
oath before the clerk of said court to make a fair, true and honest appraise- 
ment of said real estate and shall then proceed to examine said real estate, 
hear such evidence as they may consider necessary and make report of their 



SCHOOL LAWS OF INDIANA 119 

appraisement to said court within five days after their appointment; and 
thereupon such township trustee or school trustees of such school corpora- 
tion, or a majority of them, may pay to the clerk of said court, for the use of 
the owner or owners thereof, the amount thus assessed, and upon such pay- 
ment being made and the same having been shown to the court hearing said 
cause, the title to said real estate shall at once vest in such school corporation 
or school township for said purposes, and said court shall cause said real 
estate to be conveyed to said school corporation or school township by a 
commissioner appointed therefor, and sa'd school corporation or school 
township may immediately take possession of said real estate for said purpose. 
Upon the report of said appraisers being filed, any party to the action, within 
ten days, may except to the amount of the appraisement and valuation of 
said real estate, and a trial may be had thereon befoie said court as other 
civil causes are tried, and said court shall fix the amount of said appraisement 
and assessment, and any party to said action may appeal from the judgment 
of said court as other civil cases are appealed: Provided, That should said 
township trustee or school trustees, or a majority of them, except to the 
amount of the appraisement and assessment as aforesaid, the court shall 
convey said real estate to said school corporation or school township, and 
the title to said real estate shall at once vest in said school corporation or 
school township for said purposes, and the subsequent proceedings upon 
said exceptions shall only affect the amount of such appraisement and assess- 
ments. (§6635.) 

208. Tender before Appraisement — Costs. 4. Before the fihng of 
said petition said township trustee or school trustees, or a majority of them, 
may offer or tender to the owner or owners of said real estate an amount 
deemed a reasonable value therefor, and should the amount fixed by the 
appraisers or by the court subsequently thereto be the same or less than the 
amount so tendered, then said cause shaU be prosecuted at the cost of the 
owner or owners of said real estate, and upon exception to the amount fixed 
by the appraisers, should said exceptor not increase the amount of said ap- 
praisement and assessment, the action on such exception shall be at the cost 
of such exceptor. Where no amount has been tendered by said township 
trustee or school trustees, or a majority of them, and no exception taken, 
the action shall be prosecuted at the cost of the petitioners. (§6636.) 

[Acts 1915, p. 135.] 

209. Schools — Transfer of Property by Civil Townships. 1. That 
any building or other property belonging to any civil township in this state 
may be conveyed to the corresponding school township in the manner pre- 
scribed in this act. 

210. Transfer upon Petition. 2. In order to effect the transfer or 
conveyance of any building or other property from any civil township, 
to the corresponding school township, a petition may be filed with 
the board of commissioners of the county in which such civil township 
is situated, asking for the conveyance or transfer of such building, or 
other property, the nature of the building or other property to be 
conveyed or transferred, and the reasons for desiring to effect such con- 
veyance or transfer. The petition shall be signed by a majority of the legal 



120 SCHOOL LAWS OF INDIANA 

voters resident within sueJi civil township and shall be filed in the office of 
the county auditor. At the time of filing such petition, the petitioners shall 
give a bond with good and sufficient freehold sureties, payable to the state, 
to be approved by the board of commissioners, conditioned to pay all ex- 
penses in the event the board of commissioners shall fail to authorize the 
proposed conveyance or transfer. Immediately after such petition shall have 
been filed the county auditor shall give notice of the filing of such petition 
by causing pubUcation: To be made once a week for two (2) consecutive 
weeks in one newspaper printed and pubhshed in the county and of general 
circulation in the county in which such civil township is situated. The 
board of commissioners shall hear the petition at their next regular term, 
and on the day designated in the notice and shall determine all matters 
pertaining thereto, and if such board shall be satisfied as to the propriety of 
granting the prayer of the petitioners, they shall so find and thereupon the 
trustee of such civil township shall convey such building or other property 
belonging to such civil township to such corresponding school township and 
such school township shall thereafter hold, control and manage such building 
or other property. All expenses incurred in the conveyance of such property, 
if such conveyance be authorized, shall be paid out of the general funds of 
such civil township. 

[Acts 1903, p. 357. Approved March 9, 1903.] 

211. School Property Liable for Public Improvements. 1. All 

common school corporations of this state shall hereafter possess the same 
powers and be subject to the same duties and Habihties in respect to municipal 
assessments for the cost of pubhc improvements affecting their real estate 
that private owners of real estate possess or are subject to, and that the real 
estate of such corporations shall be subject to liens for such municipal assess- 
ments for pubhc improvements in all cases where the same property would 
be so subject had it, at the time the Hen attaches, been owned by a private 
owner, except that no penalty or attorney's fee in respect of any such municipal 
assessment shall be collectible from any such school corporation. (§6670.) 

212. Former Payments Legalized — Lien. 2. Whenever any such 
public improvement has been heretofore made and it has been paid for by a 
common school corporation out of its special school revenue, the act of the 
corporation in making the payment is hereby validated, and in every case 
where such an improvement has heretofore been made, but the cost has not 
yet been paid, where, if the real estate had been at the time in private owner- 
ship, a vahd municipal assessment hen would have existed for the cost thereof, 
and such a hen has been sought to be taken, which hen would, as against a 
private owner, be valid, the same as against such common school property, 
is hereby vaUdated and made as enforceable as it would be had the property 
been, at the time the hen was sought to be taken, in private owners tiip, but 
no penalty or attorney's fee shall be collectible; and it is hereby made the 
duty of every such common school corporation to pay and discharge such 
lien out of the special school revenue, and not otherwise appropriated. ( §6671 .) 

[Acts 1907, p. 340. Approved March 9, 1907.] 

213. Special School Fund. 1. j^Whenever any township of the State of 
Indiana shall have collected any special school fund for the special or specific 



SCHOOL LAWS OF INDIANA 121 

purpose of erecting or constructing a school building and it shall have been 
decided by the township trustee of such township to abandon the proposed 
work of erecting or constructing such school building, it shall be the duty of 
the township trustee of such township to transfer such special school fund 
collected for such special or specilBis purpose to the township fund of such 
township upon the order of the advisory board of such township to make 
such transfer of such special school fund, and it shall be lawful thereafter 
to use suClI funds for any purpose for which the township funds of such town- 
ship may be used. (§6446.) 

[Acts 1891, p. 111. Approved March 5, 1891.] 

214. Doors Must Swing Outward. 243. Whoever, being the owner 
manager, lessee, trustee, or person having the charge of any theater, opera- 
house, museum, college, seminary, church, schoolhouse, or other pubUc 
building, refuses or neglects to cause all the doors thereof, constructed for 
the purpose of ingress and egress, whether inner or outer doors, to be so hung 
that the same shall swing outwardly, sljall be fined in any sum not exceeding 
one thousand dollars nor less than ten dollars, to which may be added im- 
prisonment in the county jail for any period not exceeding six months: Pro- 
vided, That this section shall not apply to the outer doors of one-story churches 
and schoolhouses. (§2688.) 

215. Schools — Sanitary Buildings. 1. That after the going into 
effect of this act all schoolhouses which shall be eonstrueted or remodeled 
shall be constructed in accordance and conform to the following sanitary 
principles, to wit: 

(a) Sites. All sites shall be dry, and such dra nage as may be necessary 
to secure and maintain dry grounds and dry buildings, shall be selected and 
supplied. Said site and said buildings or any additions to present buildings, 
shall not be nearer than five hundred (500) feet to any stream or interiirban 
railroad, or livery stable, except in the case of vocational schools, and except 
in cases where the limitation shall be waived on approval of tte superintendent 
of public instruction and secretary of the state board of health; or nearer- 
than five hundred (500) feet to any horse, mule or cattle barn used for breed- 
ing purposes; or any noise-making industry or any unheal thful conditions. 
And when such school building or school site is so located and established 
no livery stable, horse, mule or cattle barn used for breeding purposes, or any 
noise- making industry or any unhealthful conditions shall thereafter be 
constru'*ted, erected or maintained within five hundred (500) feet of any 
school building, school site or school grounds. Good dry walks shall lead 
from the street or road to every schoolhouse and to all outhouses, and suitable 
playgrounds shall be provided. 

(b) Buildings. School-buildings if of brick shall have a stone foundation, 
or the foundation may be of brick or concrete: Provided, A layer of slate, 
stone or other impervious material be interposed above the ground Une, or 
the foundation may be of vitrified brick and the layer of impervious material 
will not be required. Every two-story schoolhouse shall have a dry, well- 
lighted basement under the entire building, said basement to have cement 
or concrete floor, and ceiling to be not less than ten (10) feet above the floor 



122 SCHOOL LAWS OF INDIANA 

level. The ground floor of all sohoolliouses shall be raised at least three (3) 
feet above the ground level and have, when possible, dry well-lighted base- 
ment under the entire building and shall have solid foundation of brick, 
tile, stone or conr^rete, and the area between, the ground and the floor shall 
-be thoroughly ventilated. Each pupil shall be provided with not less than 
225 cubic feet of space, and the interior walls and the ceiling shall be either 
painted or tinted some neutral color, as gray, slate, buff or green. 

(c) Lighting and Seating. All sohookooms where pupils are seated for 
study shall be lighted from one side only, and the glass area shall be not less 
than one-sixth of the floor area, and the windows shall extend from not less 
than four (4) feet fiom the floor to at least one foot from the ceiling, all 
windows to be provided with roller or adjustable shades of neutral color, as 
blue, gray, slate, buff or green. Desks and desk seats ^hall preferably be 
adjustable and at least twenty per cent (20%) ot all desks and desk seats in 
each room shall be adjustable and shall be so placed that the light shall fall 
over the left shoulders of the pupils. P'or left handed pupils desks and seats 
may be placed so as to permit the light to fall over the right shoulder. 

(d) Blackboards and Cloakrooms. Bla'^kboa^'ds shall be preferably of 
slate, but of whatever material, the color shall be a dead black. Cloakiooms, 
well lighted, warmed and ventilated, or sanitary lockers, shall be provided for 
each study schoolroom. 

(e) Water Supply and Drinking Arrangements. All schoolhouses shall 
be supplied with pure drinking water, and the water 'upply shall be from 
driven wells or other souri^es approved by the health authorities. Only smooth, 
stout glass or enameled metal drinking cups shall be used; water buckets 
and tin drinking cups shall be unlawful and are forbidden; and whenever it 
is practicable, flowing sanitary drinking fountains which do not require drinlv- 
ing cups shall be ^^covided. AU sehoolhouse wells and pumps shall be supplied 
with troighs or drains to take awav waste watei', and under no conditions, 
shall pools or sodden places or small or large mudholes be allowed to exist 
near a well. When water is not supplied at pumps or from water faucets or 
sanitary drinking fountains then covered tanks or coolers supplied with 
spring or self-closing fauoets shall be provided. 

(f) Heating and Ventilation. All schoolhouses hereafter constructed or 
remodeled, shall be supplied with heating and ventilating systems. Fresh 
air shall be taken from outside the building and properly diffused without 
draughts, through each schoolroom during school session. Each schoolroom 
shall be supplied with foul air flues of ample size to withdraw the foul air 
therefrom at a minimum rate of eighteen hundred (1,800) cubic feet per hour 
for each two hundred and twenty-five (225) cubic feet of said schoolroom 
space, regardless of outside atmospheric fonditions; and heaters of all kinds 
shall be capable of maintaining a temperature of seventy (70) degrees Fahren- 
heit in all schoolrooms, haUs, office rooms, laboratories and man'^al training 
rooms, in all kinds of weather, and maintaining in each S' hool room a relative 
humidity of not less than forty per cent: Provided, That when artificial ven- 
tilation, by use of fan or blower, is adopted, the provision as to entrance of 
resh air shall be from outside of the building. 



SCHOOL LAWS OF INDIANA 123 

It is hereby made lawful for any township trustee, board of school trustees 
and boards of school commissioners to establish and maintain open air schools, 
and when such open air schools are estabUshed the provisions of this act 
governing heating and ventilation shall not apply to such open air school 
rooms. 

(g) Water-Closets and Outhouses. Water-closets, or dry closets when 
provided, shall be efficient and sanitary in every particular and furnished with 
stalls for each hopper or place; and when said water or dry closets are not 
provided, then sanitary outhouses, well separated for the sexes, shall be pro- 
vided. Good dry walks shall lead to all outhouses and screens or shields be 
built in front of them. Outhouses for males shall have urinals arranged with 
stalls and with conduits of galvanized iron, vitrified drain pipe, or other 
impervious material, draining into a sewer vault or other suitable place 
approved by the health authorities. Any agent, person, firm, or corporation, 
selling, trading or giving to any township trustee, school trustee or board of 
school commissioners, any materials, supplies, sanitary apparatus or sytems, 
which when constructed or remodeled or installed, in or for any schoolhouse, 
hereafter constructed or remodeled, which does not in all respects comply 
with the provisions of this act, shall be guilty of a misdemeanor and upon 
conviction thereof, shall be fined in any sum not more than five hundred 
dollars ($500.00), to which may be added imprisonment in the county jail 
for any determinate period not more than six (6) months and shall be punished 
by a further fine of not less than five dollars ($5.00) for each day he shall 
fail to comply with any order of any court having jurisdiction for the correc- 
tion of any such defects in such sehoolhouses hereafter constructed or remod- 
eled; and any money claim for the construction or remodeling, or for any 
materials, supplies, sanitary apparatus or systems furnished or constructed in 
or for any schoolhouse hereafter constructed or remodeled, which does not 
in every way and in all respects comply with the requirements of this act, 
shall be null and void. (Acts 1915, p. 94.) 

The act of 1911, proliibiting the erection of sehoolhouses nearer than 500 feet of a 
steam railroad, applies only to sites that are acquired after the taking effect of the act. — 
School Corporation v. Heiney, 178 Ind. 1; 98 N. E. 628. 

[Acts 1911, p. 118.] 

216. Temperature — Uiicleanliness — Teachers — Penalties. 2. 

Whenever, from any cause, the temperature of a school room falls to 60 
degrees Fahrenheit or below, without the immediate prospect of the proper 
temperature, namely, not less than 70 degrees Fahrenheit, being attained, 
the teacher shall dismiss the school until the fault is corrected; and it shall 
also be the duty of all teachers to immediately send home any pupil who is 
perceptibly ill in any way, or who is unclean and emits offensive bodily odors 
or who is infested with lice or other vermin; and the truant officer shall 
arrest and prosecute parents or guardians who do not rid their children of 
vermin and bodily uncleanhness, when notified to do so. Refusal of parents 
or guardians to free their children or wards of vermin or to bathe and cleanse 
them, making them fit to go to school, shall be punished by a fine of not less 
than five dollars and imprisonment for ten days or both. And if the refusal 
or neglect of parents or guardians to bathe and cleanse their children or 
wards makes it necessary, then the truant officer, upon order of the school 



1'24 , SCHOOL LAWS OF INDIANA 

authorities, shall have it done, the cost to be paid by the school authorities 
from the school funds. Whenever d'ptheria, scarlet fever or other contagious 
and infectious diseases break out in any school, it shall be the duty of the 
township trustee, school board, school trustee, or the school authority or 
authorities having control, to have medical inspection made of the pupils, 
and all found in any degree ill, shall be sent home and there retained until 
the local health officer gives a certificate of health, then such child may be 
again admitted to school. It shall be unlawful for school authorities to em- 
ploy teachers or janitors who are not able-bodied or who are addicted to 
drugs or intemperate or who has tuberculosis or syphilis. All school houses 
shall be specially cleaned and disinfected each year, before they are used for 
school purposes. The cleaning shall consist in first sweeping, then scrubbing 
the floors, washing the windows and all woodwork, including the wooden 
parts of seats and desks, and the disinfecting shall be done in accordance 
with the rules of the state board of health. Township trustees, school 
boards and boards of school commissioners who neglect or refuse to obey the 
provisions of this section, shall be fined in any sum of not less than ten nor 
more than one hundred dollars, and each said refusal or neglect shall consti- 
tute a separate offense. (§6616b.) 

217. Hygiene and Sanitary Science — Printed Data. 3. There 
shall be taught in each year in the fifth grade of every public school in In- 
diana, the primary principles of hygiene and sanitary science, and especially 
shall instruction be imparted concerning the principal modes by which each 
of the dangerous, communicable diseases are spread, and the best sanitary 
methods for the restriction and prevention of each such disease. Hygiene 
may also be taught in other grades at the will of school authorities. The state 
health commissioner and the state superintendent of public instruction shall 
jointly write, compile or originate printed data in leaflet form, setting forth 
as plainly as possible, the primary principles of hygiene and sanitary science, 
and information concerning the prevention of diseases, and supply the same 
to all county superintendents, and said superintendents shall supply all the 
schools in their respective counties and see to it that teachers do not fail to 
comply with this section: Provided, That for all cities and towns having 
school superintendents, the said leaflets and pamphlets shall be sent direct 
to such superintendents, who shall see to it that teachers comply with this 
section. The state printing board shaU pubhsh from its funds all health 
leaflets or pamphlets as are herein provided for, and shall also pay the cost 
of distribution of the same to the r-ounty, oity or town superintendents, from 
the state printing funds. ( §6616e.) 

218. Schools — School Officers — Powers 4. For the purpose of 
enforcing this act and making it practical, townshir^ trustees, boards of school 
trustees and boards of school commissioners shall have the jower, and it is 
herewith made lawful for said trustees and said boards to make a levy not to 
exceed fifteen cents (15 cents) on each one hundred dollars ($100), the sum thus 
raised to be added to the special school fund, but to be used only for building 
and furnishing of schoolhouses. This levy shall not be made unless plainly 
necessary. (§6616d.) 



SCHOOL LAWS OF INDIANA 125 

[As amended, Acts 1913, p. 71. J 

219. Penalty as to Officers. 5. Any township trustee or the members 
of any board of school trustees or any teacher or any person wiio violates 
any provision of this act, except as herewith or otherwise provided, shall 
upon conviction, be fined not less than $50.00. (§6616e.) 

[Acts 1911, p. 141. Approved March 2, 1911.1 

220. Buildings in Towns — Use by Township. 1. Whenever the 
owner of a school building located in an incorporated town tenders the use 
of the same for school purposes for the school year to the trustee of the 
township within which it is located without any charge or expense other than 
keeping the same in proper repair and condition during such school year, 
such trustee if he deem the use of such school building suitable and convenient 
may use the same for school purposes in the same manner as township school 
buildings are now used and the employment and paying of teachers, the ad- 
mission of papils, and conducting scliool in said building, and the care thereof 
shall be governed by the laws applicable to township schools located without 
such towns. (§6614a.) 

[Acts 1909, p. 302. Approved March 6, 1909.] 

221. Buildings — Fire — Means of Escape. 1. Every building now or 
hereafter used in whole or in part as a pubhc building, public or private in- 
stitution, sanitarium, surgical institute, asylum, school house, dormitory, 
church, theater, public hall, place of assemblage or place of public resort, 
and every building in which persons are employed above the second story in 
a factory, workshop, or mercantile or other estabUshment, and every hotel, 
family hotel, apartment house, boarding house, lodging house, club house or 
tenement house, in which persons reside or lodge above the second story, 
and every factory, work hop, mercantile or other establishment of more than 
two stories in height, shall be provided with proper ways of egress or means 
of escape from fire, sufficient for the use of all j)ersons accommodated, as- 
sembled, employed, lodged or residing in such buildings, and such ways of 
egress and means of escape shall be kept free from obstruction, in good repair 
and ready for use at all times, and all rooms above the second story in such 
building shall be provided with more than one way of egress or escape from 
fire, placed as near as practicable at opposite ends of the room and leading 
to fire escape on the outside of such building or to stairways on the inside, 
provided with proper raiUngs. All outside doors subject to the provisions of 
this sef'tion shall open outward, and all windows open outward or upward. 
No chairs or seats shall be allowed in the aisles or passways of such building 
during any entertainment or service, or when x^eople are assembled t'lerein, 
and no one shall interfere with any peace officer in attempting to enforce the 
provisions of this act. The proscenium, or curtain opening, of all theaters 
shall have a fire-resisting curtain of some incombustible material, and such 
curtain shall be properly constructed and shall be operated by proper mechan- 
ism. The certificate of the fire chief of the city where said building is located, 
certifying that the provisions of this act have been complied with, shall be 
prima facie evidence of a comphance with such requirements. (§3841.) 



126 SCHOOL LAWS OF INDIANA 

222. Fire Escapes. 2. In addition to the foregoing means of escape 
from fire, all such buildings as are enumerated in section 1 of this act as are 
more than two stories in height shall have one or more fire escapes on the out- 
side of said building, as may be directed by the fire chief aforesaid, except in 
such eases as said fire chief may deem suc/i fire escape to be unnecessary in 
consequence of adequate provisions having been already made for tiie [sic] 
safety in event of fire, and in such cases of exemption the said fire chief shall 
give the owner, lessee or occupant of said building a written certificate to 
that effect and his reasons therefor, and S'jch fire escapes as are provided for 
in this sBv^ ion shall be constructed according to specifications issued by [the] 
state department of inspection and accepted by the chief inspector, or ap- 
proved by the fire chief, and shall be connected with each floor above the 
first, well fastened and secured by extending the bolts or fastenings entirely 
through the walls, and of sufficient strength, each of which fire escapes sball 
have landings or balconies guarded by iron railings not less than three feet 
in height, and embracing one or more windows at eacli story and connecting 
with the interior by easily accessible and unobstructed openings; and all the 
balconies or landings shall be connected by iron stairs, placed at a slant of 
not more than forty-five degrees, protected by a well secured hand rail on both 
sides, with a sixteen-inch-wide drop ladder from the lower platform, reaching 
to tiie ground; except in cases of sc^ool buildings iron stairs shall extend to 
a ground landing, and no telegraph, telephone, electric fight poles, trees or 
wire, signs or other obstructions shall interfere with the construction and use 
of any fire escape. ( §3842.) 

223. Plan of Escapes — Approval. 3. Any other plan or style of fire 
escape shall be sufficient if approved by the chief inspector, but if not so ap- 
proved the chief inspector may notify the owner, proprietor or lessee of such 
establishment or of the building in which such establishment is conducted, 
or the agent or superintendent, or school offiier, or either of them, in writing 
that any such plan or style of fire escape is not sufficient, and may by an 
order in writing, served in like manner, reqiure one or more fire escapes as 
he shall deem necessary and sufficient to be provided for such establishment 
at such location, and [of] such plan and style as shall be specified in such 
written order. Within twenty days after the service of such order the number 
of fire escapes required in such order for such establishment shall be provided 
therefor, each of which shall be of the plan and style in accordance with the 
specifications in said order required. The windows or doors to each fire es- 
cape shall be of sufficient size and be located, as far as possible, consistent with 
accessibihty from the stairways and elevators, hatchways or openings, and 
the ladder thereof shall extend to the roof. Stationary stairs or ladders shall 
be provided on the inside of such establishment from the upper story to the 
roof as a means of escape in case of fire. (§3843.) 

224. Penalties. 6. The owner or owners of any hotel designated in 
this act, whether individual, firm or corporation, or the lessee or occupant 
thereof, or any school officer having charge of pubUe property, who neglects 
or refuses to comply with any of the provisions of this act, shall be deemed 
guilty of a misdemeanor and punished by fine not exceeding two hundi'ed 
dollars ($200), to which may be added imprisonment in the county jail of 
[for] not less than one month, or [nor] more than six months; and in case of 



SCHOOL LAWS OF INDIANA 127 

fire occurring in said building or buildings in the absence of such fire escape, 
or escapes, the said person or persons or corporation or pubHc officials snail 
be Uable in an action for damages with a penalty of five thousand dollars 
($5,000) for the Ufe of each person killed, in case of death, or for damages 
for personal injuries sustained in consequence of such fire breaking out in 
said building, and shall also be deemed guilty of a misdemeanor punishable 
by imprisonment for not less than six months nor more than twelve months 
in the county jail, and said action for damages may be maintained by any 
person now authorized by law to sue as in other cases of similar injuries. 
(§3846.) 

225. Inspectors — Duties^-Penalty. 7. It is hereby made the duty 
of the chief inspe(tor or his deputies or their assistants in every city or town 
where there are fire companies, and every township trustee in townships where 
there are buildings coming under the provisions of this act and where there 
are no fire chiefs in said township, to see that the provisions of this act are 
enforced, and for this purpose they or their assistants or deputies shall have 
free access at all hours to all buildings embraced herein. If at any time any 
fire chief is informed by any person or has knowledge that any owner or owners 
of any hotel or lodging house, as above provided, has not complied with the 
provisions of this act, he or they shall at once give written notice to said owner 
or owners of said hotel or lodging house to '^omply with the terms of this a^^t, 
and if at the expiration of thirty (30) days said owner or owners, as aforesaid, 
shall not have r ompUed with the provisions of this act, said fire chief or trustee 
shall institute proceedings in any court of fomfetent jurisdiction against 
said owner or owners of said hotel oi lodging house : Provided, hoiuever. That 
nothing contained herein shall prevent any =dti'.ens of said State of Jndiana 
from instituting proceedings against said owner or owners oi any hotel or 
lodging house if said person [or persons] charged with the duty of enforcing 
this act shall fail or refuse to do their duty : Provided, That if [the] owner or 
owners of any such building fail to i-omply with the provisions of this act, 
the fire chief or trustee, after thirty (30) days' notice to the occupants of said 
building, may proceed to furnish and equip such building with, fire escape 
and all the necessary ropes and appliances for the protection of human life, 
as provided in section 5 of this act, and shall make a sworn statement of the 
cost of said improvement and file same with the recorder of the county wherein 
the said building is situated, and the amount of said claim shall be a lien on 
said property and shall be foreclosed as mechanic's liens are foreclosed, and 
shall be governed by the same rules relating thereto. Said sworn statement 
shaU be filed by said fire chief or trustee within sixty (60) days from the time 
that said work of equipping such building is completed. Any fire chief or 
other officer or persons charged within [with] the duties imposed upon such 
chief in this act, who shall wilfully or negligently fail to do his [their] duty in 
compliance with the provisions of this act shall be guilty of a misdemeanor, 
and upon conviction thereof shall be fined in any sum not less than twenty 
dollars ($20) nor more than one thousand dollars ($1,000). (§3847.) 

226. Township Trustee — Duties. 9. In all places where there is no 
fire chief the trustee of the township wherein any such buildings are situated, 
as in this act provided and described, shall do and perform all the duties 



128 SCHOOL LAWS OF INDIANA 

otherwise required of said fire chiefs, and be subject to all penalties provided 
in this act. (§3847b.) 

227. State Fire Marshal — Schools — Teachers — Compulsory Fire 
Drill. 14. It shall be the duty of the state fire marshal, his deputies 
and assistants to require teachers of public and private schools and educa- 
tional institutions to have one fire driU each month and to keep all doors and 
exits unlocked during school hours. (§7441n.) 

228. Penalty. 15. Any officer referred to in this act who neglects to 
comply with any of the requirements hereof shall be guilty of a misdemeanor, 
and on conviction shall be punished by a fine of not less than twenty-five 
doUars, nor more than one hundred dollars, for each neglect or violation and 
in default of the payment thereof shall be imprisoned not to exceed thirty 
days. (§7441o.) 

229. Fines Paid to State Treasurer. 16. AU penalties, fees or for- 
feitures collected under the provisions of this act shall be paid into the treas- 
ury of the state for the benefit of the state fire marshal fund. (§7441p.) 

[Acts 1917, p. 92.] 

230. Fire Drills— Report. 1. That it shall be the duty of all boards 
of school trustees, boards of school commissioners and township trustees, 
and all teachers in the public schools of this state where any such schools have 
more than one room, to give at least one (1) fire driU during each month such 
school is in session. It shall be the duty of the superintendents or principals 
of such schools and of the individual teachers in case no superintendent 
or principal is employed in such schools, to certify to the city or town board 
of school trustees or commissioners or to the township trustee, employing 
such superintendent, principal or individual teachers, that fire drills have 
been held as above provided, before such superintendent, principal or indi- 
vidual teacher shall be entitled to receive his or her salary for any month. 

231. Duty of School Trustees or Commissioners. 2. It shall be 
the duty of the board of school trustees or commissioners of the city or town, 
or of the township trustee, as the case may be, to require such superintendent, 
principal or individual teacher to file with said board or trustee a certified 
statement that such driUs have been held as above provided before issuing 
warrants for the payment of such superintendent's, principal's or individual 
teacher's salary or any part thereof. 



SCHOOL LAWS OF INDIANA 129 



CHAPTER X. 

Tuberculosis. 

Sec. I Sec. 

232. Tuberculosis infectious — Disease. | 233. Penalty. 

[Acts 1917, p. .5.52.] 

232. Tuberculosis Infectious — Disease. 1. That tuberculosis being 
hereby declared to be an infectious and communicable disease dangerous to 
the public health, it shall be the duty of every practicing physician in this 
state to report the name and address of every person known by him to be 
nfected with tuberculosis, to the health officer of the city, town or county 
in which such person resides within five (5) days after such fact comes to the 
knowledge of the physician; it shall also be the duty of the chief officer having 
charge for the time being of any hospital, dispensary, asylum or other similar 
private or public institution to report the name, age, sex, color, occupation, 
place where last employed if known and the home address of every person 
having tuberculosis who comes under his care or under his observation within 
five (5) days after such fact comes to his knowledge, to the health officer of 
the city, town or county from which such patient comes; and it shall be the 
duty of every authorized school physician to report the name, age, sex, color, 
school and home address of every school child, teacher or school janitor, 
having tuberculosis, who comes under his observation in the performance of 
his duties in connection with the medical inspection of schools within five (5) 
days after such fact comes to his knowledge, to the health officer of the city, 
town or county in which such child, teacher or janitor resides.. 

253. Penalty. 6. Any physician, any chief officer having charge of 
any hospital, dispensary, asylum or other similar private or public institution, 
any authorized school physician, any city, town or county health officer, 
or any owner, agent or any other person violating any provision of this a<'.t 
shall be guilty of a misdemeanor and shall, on conviction thereof, be fined not 
less til an ten doUars ($10) nor more than fifty dollars ($50). 



8554—9 



130 



SCHOOL LAWS OF INDIANA 



CHAPTER XI. 

Joint and Consolidated Schools. 



Sec. 

234. Joint school district — Petition. 

235. Expense of establishing — Control of 

school. 

236. Expense of maintenance. 

237. Joint graded schools. 

238. Schoolhouse for several townships. 

239. Cost of erecting. 

240. Advisory board — Emergency. 

241. Schools^City and townsliip^ — Joint 

graded school. 

242. Ballots — Election method. 

243. Cost of construction — Tax levy — 

Bonds issued. 

244. Joint ownership of property. 

245. Towns and townships — Power to 

contract to maintain joint schools. 

246. High school district. 

247. District — Determining the terri- 

tory. 

248. Schools — High school district — 

Control. 

249. Expenses — Apportionment. 

250. Warrants. 

251. Withdrawal. 

252. Other acts not repealed. 

253. Schools — Joint township high 

schools. 



Sec. 

254. Schools — Township high schools — 

How established. 

255. Amount of taxable property re- 

qmred. 

256. Petition for consolidation — Duty 

of trustees. 

257. Control — Abandonment. 

258. Consolidation of schools author- 

ized. 

259. Elections separate. 

260. Manner and expense of elections. 

261. Prehminary control of consoli- 

dated schools. 

262. Board of trustees— Non-partisan — 

Election bond — Salary. 

263. Duties and powers of board — Taxes. 

264. New buildings — Eepairs. 

265. Joint property. 

266. Transportation of pupils. 

267. Consolidation of town and town- 

ship schools. 

268. Joint resohition — Special election — 

Expenses. 

269. Majority required — Management. 

270. Cost apportioned — Transportation 

of pupils — New building. 

271. Payment of previous indebtedness. 



[Acts 1901, p. 53. Approved February 28, 1901.] 

234. Joint School District^Petition. 1. The trustees of two or 
more adjacent school corporations may establish a new school district and 
build a school house therein at the joint expense of their several corporations, 
whenever, in their judgment, it shall appear necessary for the better accom- 
modation of the people of their respective corporations. Provided, That 
such necessity must be set forth in a petition of the persons making the re- 
quest, such petition to be presented to each of said trustees. And said 
trustees shall, at the time agreed upon by them, not less than ten days nor 
more than thitty days from the time of receiving such petition, hold a joint 
meeting for the purpose of deelanng whether such pecition shall be granted 
and take further action as the case may require. (§6620.) 

1. Note. An appeal lies to the county superintendent by the petitioners if the 
trustees do not grant the petition; but such superintendent can not direct one trustee, 
where the other disagrees with him, to make the selection of a site for the school house, 
nor to purchase a lot without his consent.— Henricks v. State, 151 Ind. 454. See also 
Henricks v. State, 156 Ind. 185. 



SCHOOL LAWS OF INDIANA 131 

235. Expense of Establishing — Control of School. 2. Bach cor- 
poration shall bear such part of the expense of establishing such joint district 
school as the number of children of school age residing in each corporation and 
attaching themselves to said new district at the time of the formation, bears 
to the whole number of children of school age who are attached to said dis- 
srict at its formation and each corporation shall assume its share of the debt 
to incurred. But when said school shall be established it shall be controlled 
by the corporation in which it is established in the manner aheady prescribed 
by law. (§6621.) 

236. Expense of Maintenance. 3. The children of school age 
resident in a joint district already established or hereafter established shall 
be admitted to the joint school maintained therein, without transfer cer- 
tificates or tuition charge. The trustees of the various corporations from 
which the joint district is made shall pay such part of the cost of maintain- 
ing the joint school as the number of pupils enrolled from each corporation 
bears to the whole number enrolled in the joint school. (§6622.) 

[Acts 1873, p. 76. Approved March 8, 1873.] 

237. Joint Graded Schools. 13. The school trustees of two or more 
distinct municipal corporations for school ptirposes shall have power to es- 
tabhsh joint graded school, or such modifications of them as may be practic- 
able and provide for admitting into the higher departments of their graded 
schools, from the primary schools of their corporations, such pupils as are 
sufficiently advanced for such admission. Said trustees shall have the care 
and management of such graded schools, and they shall select the teachers 
therefor. They shall have power to purchase suitable grounds for such graded 
schools, and erect suitable buildings thereon; and the title to all such prop- 
erty, acquired for such purposes, shall vest jointly in the corporations es- 
tablishing the graded schools. (§6623.) 

1. Management and Supervision. A joint graded school, as to its manage- 
ment and teachers, is subject to the same laws, rules and regulations as a township 
graded school, except that it is under the joint management of the school trustees or 
both corporations. But the teachers should attend the institutes of the county and 
township in which the school is situated, and should be under the supervision of the 
superintendent of that county. 

2. Purchase of Property. The two corporations may purchase jointly real 
estate; and the trustees are the sole judges of the right to purchase property of this 
character. — Craig School Tp. v. Scott, 124 Ind. 72. 

3. Management of .Joint Graded Schools. The trustees act as individual 
trustees, and do not as a unit represent their respective corporations. A majority of 
the whole board of trustees, whether such majority come from one corporation entirely, 
or from the different corporations interested, have the power to transact any and all 
business, including the employment of teachers relating to such joint graded school. — 
Hanover School Tp. v. Gant, 125 Ind. 557. 

4. New Statute. The above section must be construed in connection with 
section 143. 

5. Joint Graded Schools. — Appeal. An incorporated town and township can 
unite and estabUsh a joint graded school, and it will not be necessary for the town to 
extend its limits so as to enclose the site of the school house. The town and township 
authorities have no power to enter into an agreement with an incorporated association 
for school purposes, that the three shall run and control one school, and that such 
association shall have equal control over the school with such town and township 
authorities. The control of the public school can not be fettered by any private per- 



132 SCHOOL LAWS OF INDIANA 

son. Possibly an appeal will lie from the decision of two township trustees refusing 
to build a joint graded school house. In case two township trustees of different coun- 
ties are petitioned to build such a school house, the .superintendent of that coiinty to 
whom an appeal is first taken would have jurisdiction of the case to the exclusion of 
the superintendent of the other county. It is a new question, but this is my best 
judgment in the matter. — Baldwin, Att.-Gen. 

6. Propoktional Contribution::;. While the section that provides for the es- 
tabhshment of joint graded schools by two or more distinct corporations is silent as to 
the proportion in which each shall contribute to the expense, yet I am of opinion that 
their contributions should be in proportion to the number of pupils that they will each 
send to the new school. Such is the rule in the, case of joint distric schools, and I think 
the same reasons apply to joint schools of all kinds. 

[Acts 1877, p. 126. Approved and in force March 6, 1877.] 

238. Schoolhouse for Several Townships. 1. The trustees of 
two or more adjacent counties or townships may estabKsh a new school 
district, and build a schoolhouse therein at the joint expense of their several 
townships, whenever, in their judgment, it shall appear necessary for the 
better accommodation of the people of their respective townships: Provided, 
That such necessity must be set forth in a petition of the persons making the 
request — such petition to be presented to each of said trustees. And said 
trustees shall, at the time agreed upon by them, not less than ten days nor 
more than thirty days from the time of receiving such petition, hold a joint 
meeting, foi the purpose of declaring whether such petition shall be gi anted, 
and take such further action as the case may require. (§6617.) 

1. Repeal. The belief has prevailed that tnis and the next section had been 
either repealed or become obsolete; but the legislature in 1903; by the enactment of 
section 240, below, recognized it as being still in force. 

2. If one trustee purchase a schoolhouse site without the knowledge and consent 
of the others, the latter can not be compelled to contribute towards the construction 
of a schoolhouse upon such .site. — Henricks v. State, 151 Ind. 454; Henricks v. State, 
156Ind. 185. 

239. Cost of Erecting. 2. Each township shall bear part of the ex- 
pense of establishing such joint district school as the number of children of 
school age residing in each township and attaching themselves to said new 
district at the time of the formation, bears to the whole number of children 
of school age who are attached to said district at its formation; and each 
township shall assume its share of the debt so incm-red. But when said school 
shall be estabhshed, it shall be supported by the township in which it is es- 
tablished, in the manner already prescribed by law. (§6619). 

1. Title Joint. The deed for the property should be in the name of all the 
corporations interested, btit after the building is completed and paid for the partner- 
ship ceases, and the schoolhouse passes under the control of the trustee of the town- 
ship within whose limits the house is situated. 

[Acts 1903, p. 431. Approved and in force March 10, 1903.] 

240. Advisory Board — Emergency. 1. Whenever a majority of 
the school patrons of two or more adjoining school districts, located in two 
or more adjacent townships, may heretofore have petitioned, or whenever 
they may hereafter petition, in substantial compliance with the provisions 
of section 1 of an act of the general assembly of the State of Indiana, in force 
March 6, 1877, being section 6001, Bm-ns' Rev. Stat. 1901, to the trus- 
tees of said townships for the establishment of a new school district and 



SCHOOL LAWS OF INDIANA 133 

the erection of a joint schoolJiouse for a joint or joint graded school, at the 
place named in said petition, for the aeeommodation of the school children 
residing in said school district, and if said trustees shall have granted, or may 
hereafter grant, the prayer of said petition, or if an appeal may have been 
taken, or may hereafter be taken, to the county superintendent, from the 
decision of said trustees, refusing to grant the prayer of said petition, under 
the provisions of section 6028, Burns' Rev. Stat. 1901, and it on such 
appeal said superintendent may have granted, or may hereafter grant, the 
prayer of said petition, then, in either of such events, an emergency shall there- 
by exist for the procurement of a site and the erection of such school house, 
as contemplated by section 8085f, Burns' Rev. Stat. 1901, and if there 
is not sufficient money on hand for the purpose, the trustees and the advisory 
boards of said townships shall proceed to raibe the money necessary to meet 
such emergency, as provided by said section, and shall also procure the neces- 
sary site for the erection of said sehoolhouse and erect and maintain the same 
as provided by law. (§6618.) 

[Acts 1911, p. 463.]- 

241. Schools — City and Township — -Joint Graded School. 1. 

That whenever twenty-five (25) legal voters residing in any incorporated 
town or city of the fifth class and twenty-five (25) legal voters residing in the 
same township, but outside said town or said city shall petition the school 
board of said town or said city and the township trustee of the township in which 
said town or said city is located to erect a joint school house for a joint graded 
school, or a joint high school, or both, or such modification thereof as may be 
practicable, it shall be the duty of the school trustee of said town or said city 
and of said township trustee or of a majority of them to call elections of the 
voters of the town or city and the voters of the townships residing outside 
of such town or city respectively, for the purpose of determining whether a 
majority of the legal voters of each school corporation are in favor of building 
said joint sehoolhouse. Such elections of the legal voters of the townships 
outside of the town or city shall be separate and independent. Said trustees 
shall, upon the filing of said petition, give notice by publication, for three 
successive publications, in a weekly newspaper, if any, pubUshed in said 
township, and if no weekly is published in said township, then in the nearest 
newspaper published in said county, that on a day to be named by said 
trustees the polls will open at the several voting places in said township 
named in the petition for the purpose of taking the vote of the legal voters 
thereof upon whether such joint sehoolhouse shall be built: said elections 
shall be held not less than ten (10) days nor more than twenty (20) day? after 
the last publication of said notice. (§6622a.) 

[As amended by Act, 1913, p. 911.] 

242. Ballots — Election Method. 2. On the day named in said 
notice such polls shall be opened and the votes of the legal voters shall be 
taken upon the question of building such schoolhot'se, and said election shall 
be governed by the general laws of the state, so far as they may be applic- 
able, except as otherwise provided herein. Said trustees shall constitute 



134 SCHOOL LAWS OF INDIANA 

the board of election commissioners and they shall cause to be prepared and 
distributed proper ballots. There shall be printed on the ballots two squares 
and words as follows: 



YES For building the schoolhouse. 



NO For [Against] building the schoolhouse. 



Each voter desiring to vote for the building of such joint school house shall 
make a cross with a pencil in the square containing the word "yes," and each 
voter desiring to vote against the building of such joint schoolhouse shall 
make a cross in the square containing the word "no." Said trustee shall 
appoint inspectors, judges and clerks for such elections. The votes cast at 
such elections shall be canvassed at the office of the township trustee on the 
day following said election at 10 o'clock a. m., and a certificate of the votes 
east for and against the building of said school house shall be filed with said 
trustees. If a majority of the votes cast at each of such elections are in favor 
of the building of such joint school house, said trustees of said school corpora- 
tions shall proceed to build the same, and the township advisory board shall 
make the proper appropriation for the proportionate part of the cost of said 
building to be paid by said township. Said trustees shall provide a suitable 
site for said building. (§6622b.) 

243. Cost of Construction — Tax Levy — Bonds Issued. 3. The 

cost of the construction of such joint school house shall be borne by such 
school corporation in proportion to the total amount of taxable property in 
each of such school corporations. If such school town or school city shall not 
have money available to pay for its proportionate part of the cost of the con- 
struction of said joint school house, the' school trustee of such town or such 
city may issue warrants or bonds of such corporation to meet such propor- 
tionate cost. If there are not sufficient funds available out of the annual 
township levy to meet the proportionate cost of said school house to be paid 
by such township, then the township advisory board of such township shall 
order bonds or warrants to be issued, and the township trustee shall issue 
township warrants or bonds to meet such proportionate cost to be paid by 
such school township. Such bonds authorized by this act shaU be payable 
in such amounts and at such times as the trustees of said corporations re- 
spectively may determine and shall bear such rate of interest as may be de- 
termined, not exceeding four and one-half (4 1-2) per cent. (§6622c.) 

[As amended by Acts 1913, p. 911.] 

244. Joint Ownership of Property. 4. Any schoolhouse construct- 
ed under the provisions of this act shall be joint property of said corporations, 
and such property shall be owned by such corporations in proportion to the 
amount paid by each for the construction of the same, and said school shall 
be open to all pupils residing in said town or city or township free of tuition. 
The trustee of said school corporations shall have the control and manage- 
ment of said school house and school and the right to employ teachers in such 



SCHOOL LAWS OF INDIANA 135 

school. Neither of said corporations shall ever be deprived of its ownership 
in said building except upon full compensation for its proportionate interest 
in the same. (§6622d, as amended by Acts 1913, p. 911.) 

[Acts 1917, p. 63.] 

245. Towns and Townships — Power to Contract to Maintain 
Joint Schools. 1. That any incorporated town in this state, the inhabi- 
tants of which do not exceed two thousand (2,000) in number, as shown by 
the last preceding general United States census, having school indebtedness, 
by and through its school trustees, and the township trustee of the township 
wherein any such town is situate, are hereby authorized and empowered to 
contract with each other, on behalf of such town and such township, whenever 
there are no schools within such township except those wholly within such 
incorporated town, relative to all matters pertaining to the use of such schools 
by all of the inhabitants of such township, including the inhabitants of such 
town, and relative to all matters pertaining to the joint care, custody, re- 
pairs, management, maintenance, support, conduct and control of common 
or grade schools and high schools located within the corporate limits of such 
town, and in any such contract it may be provided that the expense of such 
joint care, custody, repairSj management, maintenance, support, conduct 
and control of such schools shall be borne pro rata by such incorporated town 
and by such township, in such proportion as the assessed valuation of the 
taxable property of such township, outside of such town, bears to the assessed 
valuation of the taxable property within such town. 

[Acts 1911, p. 475.] 

246. High School District. 1. Any city or incorporated town 
located in any township or townships in this state and which maintains or 
may hereafter establish and maintain a regularly commissioned high school, 
easy of access and which meets the requirements for high school pupils, may 
establish and maintain jointly with any such township or townships contig- 
uous thereto or any part thereof and any incorporated town located therein, 
a high school which will furnish adequate accommodations for the high school 
pupils in the territory included and the same shall be constituted and known 
as a high school district. (§6623a.) 

247. District — Determining the Territory. 2. School commis- 
sioners, boards of school trustees, township trustees or other school officials 
interested may meet and determine the territory to be included in such 
high school district; make provisions for ample school building or build- 
ings and equipment, and provide for the maintenance and support of such 
high schools as herein provided. 

[Approved February 22, 1915. Acts 1915, p. 29.] 

248. Schools — High School District — Control. 3. The school 
officials of any such township, townships and incorporated towns may au- 
thorize and enter into contract with the school commissioners or board of 
school truSjtees of any such city or incorporated town to provide such high 
school accommodations for a part or aU of their respective townships or town 



136 SCHOOL LAWS OF INDIANA 

corporations by the purchase of grounds, erection of a building or buildings 
or by making repairs of present building or additions thereto, and hj equip- 
ping the same in accordance with existing laws governing cities and towns 
in such procedure including the issuing of notes or bonds of their respective 
corporation and the payment of the same: Provided, however, That no eon- 
tract by the school olficials of any such township, townships and incorpor- 
ated towns, shall be deemed to grant away their right of representation in 
the control and management, maintenance and up-keep of such school or 
schools as may be established or maintained by such contract; and be it 
Provided, further, That a board of control for such school or schools as may 
be established or maintained by such contract, consisting of the township 
trustee of each township and the president of the board of school commis- 
sioners of each city or town included in such district and a party to such con- 
tract, shall have full control and management of such school or schools as 
may be established or maintained by such contract, each member being 
entitled to an equal vote in such control and management : Provided, fur- 
ther. That in case of a tie vote on the question of management or control 
of such school or schools then and in that event the county superintendent 
of the county in which said school is located shall cast the deciding vote in 
such control or management. 

1. The legislature. Acts 1915, p. 15S, attempted to amend this section. The 
Act referred to, however, has no enacting clause and is therefore invalid. 

249. Expenses — Apportionment. 4. The school commissioners or 
board of school trustees of such cities and towns shall prepare and submit 
annually, prior to the time for the levy of school taxes for any year, to the 
school officials of all interested school corporations of said high school district, 
an itemized statement of the cost of all expenditures for improvements and 
maintenance of such high school or schools for the previous year, with an 
itemized estimate of the cost of all proposed improvements, changes, equip- 
ment and expenses incidental thereto for the ensuing year, including any 
notes, bonds or interest thereon falling ^ue and issued under any contract 
made under the provisions of this act, and such school officials shall meet 
and deterrodne the expenditures needed and the total amount required for 
any unpaid obligations, improvements or requirements for the ensuing 
fiscal year of such high school. The total amount shall then be apportioned 
among the several school corporations affected or benefited thereby in pro- 
portion to the last official assessed valuation in each of said school corporations 
or parts thereof in said high school district. Such officials of each school 
corporation shaU pay out of the school funds of the township the amount 
apportioned to their respective school corporations for the maintenance 
of such high school and may issue notes or sell the bonds of their respective 
corporations for any permanent improvements in such high school or pay 
the same out of the special school fund in their discretion. The school cor- 
poration shall assess such sum on the entire property within the school cor- 
poration or against the property of that part of the school corporation directly 
benefited. (§6623d.) 

250. Warrants. 5. The amounts due from any school , corporation 
shall be paid on warrants issued by the order of the proper officials of such 



SCHOOL LAWS OF INDIANA 137 

school corporation to the treasurer of the board of school commissioners or 
board of school trustees of such city or town and such funds shall be used 
only for said high school purposes, and no others. (§6623e.) 

251. Withdrawal. 6. If any school corporation shall at any time 
wish to withdraw from said high school district and establish a separate high 
school, they shall receive from the school corporations remaining in the said 
district an equitable amount for their interest in the property of said high 
school district, to be determined by a board consisting of the county superin- 
tendent, eountj'' auditor and county assessor. The amount thereof shall be 
paid to the corporation and the sum shall be assessed against the remaining 
school corporations as other amounts are assessed. (§6623f.) 

252. Other Acts Not Repealed. 7. It is the intent of this act that 
its provisions shall be additional to any statutory provisions for the estab- 
lishment and maintenance of high schools. This act shall not therefore be 
construed to repeal, in whole or in part, any other statute having to do with 
the establishment, maintenance or support of public high schools, except as 
herein provided. (§6623g.) 

[Acts 1915, p. 580.] 

253. Schools — Joint Township High Schools. 1. That in two 
adjoining townships, in any county in this state, having a joint assessed 
valuation of more than seven hundred and fifty thousand dollars ($750,000.00) 
of taxable property, and wherein there is not now established, in either of 
said adjoining townships, or in any town or city in either of said adjoining 
townships, a separate high school, and in which there is not now established 
a joint high school for the use of said adjoining townships, and wherein, for 
each of the two years last past, there have been eight or more graduates of 
the township elementary schools residing in each of said adjoining townships, 
the township trustees of said adjoining townships, whenever at least one- 
third or more of the parents, guardians, head of families, or persons having 
charge of children, who were enumerated for school purposes in said township, 
at the last preceding enumeration, petition the trustees of said adjoining 
townships, to esta.blish, erect and maintain, a joint high school building and 
high school, at some point within said adjoining townships, to be set out and 
designated in said petition, shall establish, erect, and maintain such joint 
high school building and high school within said adjoining townships as pe- 
titioned for, and employ competent teachers therefor. 

[Acts 1913, p. 331.] 

254. Schools — Township High Schools — How Established. 1. 

That in each township of this state having an assessed valuation of more than 
six hundred thousand doUars ($600,000) of taxable property and wherein 
there is not now established a high school, and wherein there is not situate 
a city or town maintaining a high school, and wherein for each of the two 
years last past there have been eight or more graduates of the township 
elementary schools, residing in such township, the township trustee may 
establish and maintain therein, a high school or a joint high school and ele- 



138 SCHOOL LAWS OF INDIANA 

mentary school, and employ competent teachers therefor; whenever a ma- 
jority of parents, guardians, heads of families, or persons, having charge of 
children, who were enumerated for school purposes in said township, at the 
last preceding enumeration, petition the trustee of said township to estabhsh 
and maintain a high school or joint high school and elementary school, said 
trustee shall establish and maintain such a school petitioned for. ( §6584a. ) 

[Acts 1917, p. 677.] 

255. Amount of Taxable Property Required. 2. That in each 
township in this state having an assessed valuation of more than six hundred 
thousand dollars ($600,000.00) of taxable property, and wherein there is 
not now established a high school in such township or in any town within 
such township and where there is no high school within three (3) miles of 
any boundary line of such township, and wherein for each of the two (2) 
years last passed there have been eight (8) or more graduates of the town- 
ship elementary schools residing in such township, the township trustee 
shall establish and maintain therein a high school and employ competent 
teachers therefor: Provided, That in townships having an assessed valu- 
ation of more than twelve hundred and fifty thousand dollars ($1250,000.00) 
of taxable property; upon the petition of forty (40) or more parents, guar- 
dians, heads of families, or persons of such township having charge of chil- 
dren of school age, who were enumerated for school purposes at the last pre- 
ceding enumeration, being filed with him, the township trustee shall establish 
and maintain in such township a high school or a joint high school and ele- 
mentary school at such place as may be designated in such petition, and em- 
ploy competent teachers therefor, notwithstanding there may be an estab- 
lished high school within three (3) miles of a boundary line of such township, 
provided, further, that in computing the distance of a boundary line of any 
township from any high school outside of said township, as contemplated 
in this section of this act, said distance shall be measured on the shortest 
direct line from said high school building to the boundary line of said town- 
ship. 

[Acts 1917, p. 52.] 

256. Petition for Consolidation — Duty of Trustees. 1. That 
whenever the majority of patrons in two or more school districts in adjoin- 
ing townships, or any designated portion' of said school districts, shall peti- 
tion their township trustee to abandon such school district or districts, or 
designated part thereof, so situate in such adjoining townships and to con- 
solidate said district or districts, or designated part thereof, with the district 
or districts, or designated part thereof, in the adjoining township or townships 
into a single consolidated school, the township trustees of such adjoining 
townships shall provide for such consolidation; erect and equip the neces- 
sary school building and maintain such school jointly and apportion the cost 
thereof among the townships in proportion to the assessed valuation of the 
part of the consohdated school district lying in each township. 

257. Control — Abandonment. 2. When such consolidation has 
been effected, the consohdated school shall thereafter be under the joint 
control and management of the township trustees of the townships in which 



SCHOOL LAWS OF INDIANA 139 

such consolidated school district is located, and such consolidated school 
shall not be abandoned thereafter except with the approval of the county 
superintendent or county superintendents of the county or counties in which 
such consohdated school district is located. 

[Acts 1'917, p. 545.] 

258. Consolidation of Schools Authorized. 1. That the school 
trustees of any incorporated town or city of the fifth class located wholly 
within any township, and the school trustee of such township, are hereby 
authorized and empowered to consolidate the elementary schools or high 
schools, or both, of said corporations or to furnish consolidated school fa- 
cilities for children of school age of both school corporations in the manner 
and upon the conditions hereinafter prescribed. 

259. Elections Separate. 2. Whenever the school trustees of any 
city of the fifth class or incorporated town located wholly within any town- 
ship and the school trustee of such township desire to consolidate the ele- 
mentary schools or high schools, or both, of their respective corporations, or 
to furnish consolidated school facilities for the children of school age of 
both corporations they may meet and adopt a joint resolution declaring their 
willingness to consolidate the schools of said school corporations, and may call 
elections of the voters of said town or city and the voters of the township 
residing outside of such town or city, respectively for the purpose of deter- 
mining whether a majority of the legal voters of each school corporation are 
in favor of consolidating said schools. Such elections of the legal voters of 
the respective school corporations shaU be separate and independent. Said 
trustees shall, after adopting said joint resolution, give notice by publication 
for three (3) successive publications in a weekly newspaper, if any is pubhshed 
in said township or in said town or city, and if no weekly newspaper is pub- 
lished in said township, town or city, then in the nearest newspaper published 
in said county, that on a day to be named by said trustee the polls will be 
open in at least one (1) of the voting places in each of said corporations named 
in said joint resolution, for the purpose of taking the vote of the legal voters 
thereof upon whether the schools of said corporations shall be consolidated; 
said election shall be held not less than ten (10) days nor more than twenty 
(20) days after the last publication of said notice: Provided, That when 
twenty-five (25) legal voters residing in any incorporated town or city of the 
fifth class and twenty-five (25) voters residing in the same township, but out- 
side said town or city, shall petition the school board of said town or said city 
and the township trustee of the township in which said town or city is located 
to consolidate the elementary or high schools, or both, of said school corpor- 
ation, or to furnish consohdated school facihties for the children of school 
age of both school corporations it shall be the duty of the school trustees of 
said town or city, and of said township trustee, or a majority of them, to call 
the school elections provided for in this act. 

260. Manner and Expense of Elections. 3. On the day named 
in said notice such polls shall be opened and the votes of the legal voters shall 
be taken upon the question of consolidating such schools, and said election 
shall be governed by the general laws of the state, so far as they may be ap- 
plicable, except as otherwise provided herein. Said trustees shaU constitute 



140 SCHOOL LAWS OF INDIANA 

the board of election commissioners and they shall cause to be prepared and 
distributed proper ballots. There shall be printed on the ballots two (2) 
squares and the words as follows: Yes. For consolidating the schools of 
town (or city) and the schools of town- 
ship. No. Against consolidating the schools of town (or 

city) and the schools of township. 

Each voter desiring to vote for the consolidation of such schools shall 
make a cross with a pencil in the square containing the word "Yes;" and each 
voter desiring to vote against the consolidation of such schools shall make 
a cross in the square containing the word "No." Said trustees shall appoint, 
inspectors, judges, clerks and sheriffs for such election. The votes east at 
such election shall be canvassed at the office of the school trustees of such 
town or city on the day following said election at ten (10) o'clock a. m. and 
a certificate of the votes cast for and against the consolidation of such schools 
shaU be filed, one (1) copy with the trustees of each school corporation. If 
a majority of the votes cast at each of such elections are in favor of the con- 
solidation of such schools, said trustees of said school corporations shall 
proceed to consolidate said schools and provide the necessary buildings and 
equipment therefor: Provided, That each school corporation shall finish 
and complete the current school year at the schools then in operation before 
changing children of school age to any consolidated school. The expense 
of said election shall be borne equally by each of the school corporations 
participating therein, and shall be paid for out of the special school fund. 

261. Preliminary Control of Consolidated Schools. 4. Such 
consolidated schools shall be under the control and management of the 
trustees of the town or city, and the trustee of the township until the first 
day of August next succeeding the election provided for in section three (3) 
of this act, at which time the term of of&ce of each of said school trustees of 
said town or city shall expire; and during which time said school trustees of 
said town, or city, and the township trustee shall have all the powers and 
shall perform all of the duties granted and fixed in this act; each trustee 
having an equal voice therein: Provided, That if bonds have been issued 
and sold for the construction of a new school building and a contract has 
been let for the construction thereof by the aforesaid school trustees, then 
said school trustees of such town or city shall continue in office one (t) year 
from the first day of August next succeeding the election provided for in 
section three (3) of this act; and the election of school trustees provided 
for in the next succeeding section of this act shall not take place until one (1) 
year has elapsed from the time provided for in said section. 

262. Board of Trustees — Non-Partisan — Election Bond — Salary. 

6. After the first day of August next succeeding said election provided for 
in section three (3) of this act, such consolidated schools shall be under the 
control and management of a school board composed of three (3) school 
tnistees, residents of either the said town or city, or of the township in the 
territory outside said town or city, two (2) of whom shall be elected in the 
manner prescribed in this act. No more than two (2) members of such 
board shall be of the same political faith. 



SCHOOL LAWS OF INDIANA 141 

The board of trustees of such town, or the common council of such city, 
shall, at a regular meeting, or at a special meeting called for the purpose, 
in the month of July, prior to said first day of August, elect two (2) school 
trustees, one member of which board shall be a resident of said town or city, 
and one member of which board shall be a resident of the township in the 
territory outside said town or city, who shall be of opposite political faith, as 
members of said school board, who shall hold their offices for one (1) and 
two (2) years respectively, from and after the first day of the next succeeding 
month. The term of each of said trustees shaU be determined by lot at the 
time of such election, by such common council or board of trustees, and an- 
nually thereafter such common council of such city, or the board of trustees 
af such town, at their regular meetings in the month of June, shall elect one 

(1) school trustee, who shall hold his office for two (2) years from the first 
day of the next succeeding August. The third member of said school board 
shall be the township trustee who together with such trustees elected by 
said board of trustees of such town or the common council of such city, shall 
constitute the school board of such consolidated schorls, and before entering 
upon the duties of their office they shall take an oath faithfiilly to discharge 
the duties of the same. Said school board shall meet within five (5) days 
after the first day of August and organize, and shall reorganize at any time 
the personnel of said board is changed. They shall elect one (1) of their 
number president, one (1) secretary, and one (1) treasurer. The treasurer 
before starting upon the duties of his office, shall execute a bond to the ac- 
ceptance of the county auditor, conditioned as an ordinary bond, with at 
least two (2) sufficient freehold sureties, who shall not be members of said 
board, in a sum equal to the maximum amount of money that wiU come in 
to his hands within any one (1) year by virtue of his office. The other two 

(2) members of said board shall each give bond with like sureties to be ap- 
proved by the county auditor in any sum not less than one-third (1-3) of 
the treasurer's bond. All vacancies that may occur in said board, other than 
said township trustee, shall be filled by the common council of the city or 
the board of trustees of the town, but such election to fill a vacancy shall 
only be for the unexpired term. Said board of trustees shall within five 
(5) days after the first day of August of each year reorganize and execute 
their bonds for the ensuing year. 

The members of said school board, other than the township trustee, 
shall each receive such compensation for his services as may be fixed by the 
board of trustees of said town, or the common council of said city, but in no 
event shall said trustees other than said township trustee, receive more than 
$100.00 per annum each for his services when appointed by the board of trus- 
tees of a town, or more than $200.00 per annum each for his services when 
appointed by the common council of a city. 

Said township trustee shaU perform the clerical work and bookkeeping 
for said board, for which services said township trustee shall receive in ad- 
dition to the compensation received by him as township trustee the sum of 
$100.00 per annum when the schools of his township are consolidated with 
the schools of an incorporated town, and shall receive the sum of $200.00 per 
annum for his services when the schools of his township are consolidated 
with the schools of a city. 



142 SCHOOL LAWS OF INDIANA 

263. Duties and Powers of Board — Taxes. 6. Said school board 
shall perform the duties and shall have all the powers vested in the school 
boards of towns and cities of the fifth class under the law of this state. The 
cost of maintaining such consolidated schools shall be apportioned between 
the city or town and the township in the territory outside such city or town 
in proportion to the number of children of school age enumerated in each 
corporation. Taxes to meet such cost shall be levied by said school trustees 
and collected in the city or town and the township in the same manner as 
other taxes are levied and collected. 

264. New Buildings — Repairs. 7. Whenever it shall become nec- 
essary to build a new building or buildings, or to make repairs on old ones, 
said school trustees shall have the power to build such new building or build- 
ings or repair such old ones as they may deem necessary, and to purchase 
the necessary site therefor; and the cost thereof shall be apportioned between 
the city or town and the township in the territory outside of such city or town 
in the ratio that the taxable property of such city, or town, and the territory 
in the township outside such city or town bears to the whole amount of tax- 
able property of said city, or town and township. 

Said school trustees shall have the sole power to issue bonds of the sep- 
arate corporations comprising said consolidated school district to meet the 
cost of said new building or buildings or the repair of old ones. Such bonds 
authorized by this act shall be payable in such amounts and at such times 
as the school trustees may determine, and shall bear such rate of interest 
as may be determined, not exceeding four and one-half per cent (4 1-2%). 
Said board shall have the power to levy and collect taxes to meet the payment 
of any bonds issued pursuant to this act: Provided, That said school trustees 
shall have all of the powers given and granted, to school trustees for the 
appropriation of real estate for school purposes, by chapter 87 of the acts 
of 1907 page 114, being sections 6633-6636 Burns' Rev. Stat, of 1914. 

265. Joint Property. 8. Any schoolhouse constructed under the 
provisions of this act shall be the joint property of said corporations, and such 
property shall be owned by such corporations in proportion to the amount 
paid by each for the construction of the same ; and said schools shall be open 
to all pupils residing in said town or city or township free of tuition. Neither 
of said corporations shall however, be deprived of its ownership in said new 
building or buildings except on full compensation for its proportionate in- 
terest in same; Provided, The school houses and school sites of either school 
corporation or both may be used for consolidated school purposes. 

266. Transportation of Pupils. 9. Said school board shall be gov- 
erned by the laws of the state now in for^'e for the transportation of pupils 
to such consolidated schools: Provided, That if a consolidated school is 
maintained within the corporate limits of a city or town, then said school 
board shall provide and maintain means of transportation ror all pupils 
that Live at a greater distance than two (2) miles and for all pupils between 
the ages of six (6) and twelve (12) years that Uve less than two (2) miles and 
more than one (1) mile from and outside of the corporate limits of such city 
or town; and. Provided, That the school corporation required to transport 
pupils shall bear the expense of such trans x^ortation; and. Provided, further, 



SCHOOL LAWS OP INDIANA 143 

That if by reason of condition of roads or streams, or distan.-^e, it would not 
be advantageous for certain children of school age to he transf>orted to any 
eonsohdated school established and maintained under this act, then said 
school board may maintain separate schools and provide school houses for 
such children so affected by condition of roads, streams, or distance to con- 
solidated schools. 

[Acts 1917, p. 61.] 

267. Consolidation of Town and Township Schools. 1. That 
Whenever the board of s-.'hool trustees having charge of the s-'hools of any 
town or towns, and the township trustee of the township) in which such town 
or towns is located, shall agree by joint resolution to consolidate the schools 
of suoh town or towns and the schools of the township, or a part of the schools 
of such township, si;eh schools shall be consolidated if at an election called as 
provided in this act a majority of the voters of the town or towns and the 
township shall favor s'lch consolidation. When there are two (2) towns in 
a township each convenient to a part of the township, but neither of which 
is convenient to the whole township, a part of the territory of the township 
may be joined to each. The division shall be determined by the township 
trustee if the people approve the same at the election as herein provided. 

268. Joint Resolution — Special Election — Expenses. 2. When- 
ever the school board and township trustee as aforesaid shall determine by 
joint resolution to consolidate the schools of the town or towns and the town- 
ship, they shall provide for an election and shall give notioe of the time and 
place of such election which shall be not less than thirty (30) days fjom the 
time of such notice; the board or boards and trustee acting jointly shall 
designate the voting place? and appoint the necessary officials in charge of 
s'lch election; each elector ot the town or towns or township shall be en- 
titled to vote at such election; the results of the ballots shall be certified by the 
officers in charge of the election to the board or boards and to the township 
trustee; the expense ot such election shall be borne equally from the funds of 
the town or towns and the township, and the same shall be paid as other 
expenses of the town or towns or townships aie paid. 

269. Majority Required — Management. 3. if a majority of the 
voters in the township and a majority of the voters in the town or towns 
iavor such consolidation then the schools shall be eonsohdated, and shall 
be managed bv a board consisting of the trustee of the township and the 
secretary of the school board of the town or towns, in -iase of a tie vote con- 
cerning any matter of management of such consolidated school district by 
this board the county superintendent ol schools shall arbitrate the question 
and his vote shall be final. The township trustee as a member of the Doard 
of trustees of such consolidated school shall be the secretary and the treasurer 
of the board and shall keep the records of the office, and disburse the funds 
upon order of such board. 

270. Cost Apportioned — Transportation of Pupils — New Building. 

4. The 3ost of maintaining the eonsohdated sshool shall be apportioned 
between the town or towns and the township in proportion to the number 
of pupils of school age enumerated in each corporation. Taxes to meet such 



144 SCHOOL LAWS OF INDIANA 

cost shall^be levied and collected in the town or towns and the township 
in the same manner as other taxes are levied and collected. The township 
trustee may arrange for the transportation of pupils Uving more than one 
(1) mile from the school. Whenever any new building or buildings shall be 
necessary for such consolidated school, the board shall build such building 
or buildings or make such repairs on old ones as they may deem necessary, 
and purchase the necessary site, and the cost thereof shall be apportioned 
between the town or towns and the township on an equal basis, each corpor- 
ation paying one-half (1-2) the cost thereof. 

271. Payment of Previous Indebtedness- 5. Whenever any s-^hool 
town in any township is indebted in any amount when such consolidation is 
proposed, it shall be lawful for the township to purchase the school building, 
buildings or equipment or such part thereot as shall upon approval by the 
county superintendent, auditor and assessor, be eq'iivalent to a value not 
exceeding the indebtedness thereof and the school town shall pay off such 
indebtedness from the amount paid by the township and transfer such 
building, buildings, equipment or part thereof to the township. 



SCHOOL LAWS OF INDIANA 



145 



CHAPTER XII. 
Abandonment of School Property. 



Sec. 
271a. 



Abandonment of school district or 
corporation. 

271b. Consent of voters to abandon- 
ment. 

271c. Schools — Discontinuance — Town- 
ship trustees. 

271d. Schools — Cities fifth class — Aband- 
oned school property — -Parks. 

271e. Permitting use by city. 

27 If. Acceptance by council — Mainte- 
nance. 



Sec. 

271g. Abandonment for park purposes. 
271h. Schools — Triistees abohshed — 
School corporation dissolved. 
Conveyance of property to town- 
ship. 
Township control. 
Civil town may assume debt of 
school town. 
2711. Manner of assuming debt. 



271i. 



271j. 
271k 



[Acts 1901, p. 437. Approved and in force March 11, 1901.) 

271a. Abandonment of School District or Corporation. 1. 

Whenever a majority of the legal voters of any school district or corporation 
shall petition the trustee or trustees of such school district or corporation for 
the abandonment of their schools and the consolidation of their schools with 
the schools of some other school district or corporation in the same township. 
it shall be the duty of the trustee or trustees of such school district or cor- 
poration to comply with such petition, and to provide for the education of 
the children of such abandoned district or corporation in other schools as 
asked for in such petition. (§6421.) 

[Acts 1901, p. 159. Approved and in force March 7, 1901.] 

271b. Consent of Voters to Abandonment. 1. No township 
trustee shall abandon any district school in his township until he shall have 
first procured the written consent therefor signed by a majority of those legal 
voters who are entitled to vote for township trustee in such district: Pro- 
vided, This act shall not apply to schools which have an average daily at- 
tendance of twelve (12) pupils or fewer. It shall be the duty of every town- 
ship trustee to re-establish any district school so abandoned upon the written 
petition of two-thirds of the legal voters who are entitled to vote for township 
trustee in such district. (§6420.) 

1. Petition. A petition to re-establish a school must be addressed to the town- 
ship trustee. 

2. Average Dailt Attendance. The attendance for an entire school year must 
be taken into account before a school can be abandoned. There must be an attendance 
of twelve or fewer for a term to abandon a school without a petition. 

3. Rb-Established. A trustee who has abandoned a school because the at- 
endance was twelve or fewer can not be compelled to re-establish it, even if petitioned 

to do so. 

The clause of the statute making it the duty of the trustee "to re-establish"any 
district school so abandoned," applies only to those schools which have been abandoned 
upon petition. 



8554—10 



146 SCHOOL LAWS OF INDIANA 

4. Thansferred Pupils not to be Counted. In determining the daily average 
attending wlio liave been transferred to the scliool are not to be counted. 

5. Patron Whose Children Have Been Transferred. A patron whose 
children have been transferred can not sign a petition for the abandonment of a school. 

6. Voters of District. The voters of the school district are those who are 
attached to the district for school purposes, having chilciren entitled to attend the 
public schools. 

[Acts 1907, p. 444. Approved March 11, 1907.] 

271c. Schools — Discontinuance — Township Trustees. 1. The 

township trustees shall discontinue and temporarily abandon all schools under 
their charge at which the average daily attendance during the last preceding 
school year has been twelve (12) pupils or fewer; and said trustees may dis- 
continue and temporarily abandon all schools at which the average daily 
attendance during the last preceding school year has been fifteen (15) pupils 
or fewer: Provided, The conditions as to roads, streams and bridges permit 
of such discontinuance : Provided, further, Tbat any school so discontinued 
and temporarily abandoned may be re-established by the township trustee in 
his discretion whenever he shall feel assured of an average daily attendan'-e 
of more than twelve (12) pupils during the school year: Provided, further 
That nothing in this act, or in the a< 't to whio!li it is amendatory, shall author- 
ize the discontinuance of any school exclusively for colored pupils where such 
school is the only school for colored pupils in such school corporation, and 
any such school heretofore discontinued by the operation of said act shall be 
re-established: And ^provided. That in case a majority of the patrons of any 
school district petition that any school heretofore abandoned be reopened, 
then the township trustee shall open such abandoned school and re-establish 
the same. (§6422, as amended 190 J, p. 73.) 

1. Abandonment of High Schools. The patrons of a township high school 
have no power either to require the establishment of high scliools or to prevent their 
abandonment; the school trustee may establish and abandon such high school? under 
his general powers given by §6410 Burns' Rev. Stat. 1908 without procuring the assent 
of the patrons of such schools. However, he must abandon any such scliool having a 
daily general average attendance of twelve pupils or fewer during any school year. If 
there is being taught in a district school high school branches, the trustee may abandon 
the liigh school branches without abandoning the district school, and this he may do 
without the assent of patrons. He may not, however, abandon the teaching of German 
in a district school when at least twenty-five patrons have petitioned for such teaching. 
— Bmgham, Atty.-Gen. 

[S. 263. Approved March 10, 1915.] 

271d. Schools — Cities Fifth Class — Abandoned School Property — 
Parks. 1. That in any city of the fifth class within the state in which the 
school corporations of such cities have heretofore purchased in the name of 
said school corporations real estate to be used for school purposes, and the 
use of which real estate shall have since been abandoned for school purposes, 
it shall be lawful for the school trustees of said school corporations to author- 
ize the use of su"h real estate for park purposes, in the manner as provided 
by this a'it. 

271e. Permitting Use by City, 2. No money shall be expended 
out of the school corporation treasury for the maintenance of such abandoned 
school grounds for park purposes, but the board of school trustees of any 



SCHOOL LAWS OF INDIANA 147' 

school corporation in cities of the fifth class owning such abandoned school 
grounds may by an order entered of reoord permit the use of such abandoned 
school gronnds by any city of the fifth class for park purposes, fixing in such 
order the conditions, restri'itions and limitations within which such city of 
the fifth class may take and use such abandoned school grounds for such park 
purposes. 

271f. Acceptance by Council— -Maintenance. 3. Any city of the 
fifth class within this state may by an ordinance of the common council, 
acjept from the school corporation of any such eity the use of any real 
estate being abandoned school grounds, as hereinbefore provided, or any 
such city may by ordinance of the common council accept from any person 
or persons foe any definite time not less than five years the use of any real 
estate in such eity formerly used for cemetery purposes, having been aban- 
doned and the bodies having been removed therefrom, and any such iity is 
hereby given the right, power and authority through their common councils, 
to use and maintain and keep in condition any such real estate for park 
purposes for the use of the general public, in the manner and under the same 
conditions and restrictions and limitations as are now fixed and y)rovided by 
law for the use and control and maintenance of park properties by such cities, 
in every way and to the same extent as if the city owned said real estate in 
its own name and right; and such cities of the fifth class shall have the power 
and authority to accept by city ordinance such real estate for park purposes 
under the order of the school trustees of the school corporation, as herein 
provided, or from su ;h person or persons. 

4. The title to sur-h real estate shall remain in the school eori^oration, 
and the use by cities ot the fii'th class shall continue so long as such cities 
continue to maintain si: eh real estate as a pubUc park. 

271g. Abandonment for Park Purposes. 5. If at any time after 
Siich real estate has been accepted for park purposes, as alore&aid, such cities 
shall abandon the use ol such real estate for park purposes, it shall be lawful 
for the school trustees oi s , ch school corporation so owning said real estate, 
to take possession of said real estate, and to sell and '^onvey said real estate in 
the manner now or hereafter provided by law. 

271h. Schools — Trustees Abolished — School Corporation Dis- 
solved. 1. That any in-^orporated town in the state, that has no sihool 
indebtedness, the inhabitants of which do not exceed two thousand (2000) 
as shown by the last preceding general -^ensus, may, through its town board 
of trustees, abandon and discontinue its management and control of public 
schools within such incorporated town, and abohsh the board of school trus- 
tees therein. Whenever a town so discontinuing its board of school trustees 
shall desire to again take control of its school affairs the town board may on 
petition signed by a majority of the resident freeholders, pass an ordinance 
to that effect and appoint a board of s-'-hool trustees: Provided, That when- 
ever a town passes s'lch ordinance to again take control of its school affairs 
as herein above provided, it shall be the duty of the county assessor, county 
auditor and county superintendent of schools, to act as an appraising board 
to determine what if any equitable right the township has in the school 



* 148 SCHOOL LAWS OF INDIANA 

property thus taken over and to determine the extent to which such town is 
indebted to the township, and the board of town trustees shall pay over to 
the township sixch amount as has been so determined; before said town shall 
be permitted to take over the schools: Provided, further. That such school 
property shall not be appraised and taken over by the town as above provided 
■ unless a majority of the resident freeholders in the township residing outside 
of said town, >'.onsent to such transfer: Provided, further, That no town board 
shall dissolve the school corporation except by consent of a majority of the 
freeholders therein. 

[Acts 1915, p. 199.] 

271i. Conveyance of Property to Township 2. The town board 
of trustees of any such incorporated town, upon deciding to abandon and 
discontinue the control of the public schools therein, shall make or cause to 
be made a good and sufficient deed, conveying all real estate belonging to such 
school town to the township trustee of the township in which such incor- 
porated town is located; and shall transfer all the personal property and 
fixtures belonging to such school town to such township trustee, all of which 
shall be accepted and held by such township trustee for the use and purposes 
of the school township wherein such town is located: Provided, That when 
any such incorporated town shall be located in two or more contigious coun- 
ties, the children of school age who are residents of such incorporated town 
shall be entitled to the same school privileges in such incorporated town as 
the children of school age who are residents, exclusively of the township 
which has assumed ownership and control of such school and school property. 
And all school revenue which is paid or which may hereafter be paid by that 
portion of such incorporated town lying outside of the township which has 
assumed control and ownership of such school and sohool property, shall be 
paid to the township trustee of the township wherein such school is located, 
in the same way and manner as such revenues were paid to the school trus- 
tees of such incorporated town before such town relinquished control and 
possession of such school and school property. (§6480a.) 

271 j. Township Control. 3. After the requirements set forth in 
the preceding section are comphed with, the township trustee shall have full 
and complete control of all the schools within such town and shall conduct 
the same as provided for by law for the other schools of such township. And 
all children of school age residing outside of the township in which such school 
and school property is situated but within the limits of any s-jch incorporated 
town, as herein provided, shall possess all the rights and privileges to attend 
the school or schools located within such incorporated town, the same as though 
they Uved in the township wherein such school or school property is located. 
(§6460 b.) 

Note. Towns coming within the provisions of this section can not abandon con- 
trol of schools and abolish the board of school trustees if the town is Uable for damages 
on account of contracts made by the school trustees. — Hornbeck v. State, 33 App. 609, 
71 N. E. 916. 

[Acts 1917, p. 50. Approved February 23, 1917.] 

271k. Civil Town May Assume Debt of School Town, 1. That 
thetri;stees of any incorporated town, the inhabitants of which do not exceed 
two thousand (2,000), as shown by tbe last preceding United States census, 



SCHOOL LAWS OF INDIANA 149 

may assume on behalf of sueh town any indebtedness of its corresponding 
school town, not exceeding five thousand dollars ($5,000), for the purpose of 
placing the school property of such school town in a status to be transferred 
to the school township of the township in which such school town is located, 
as provided by law: Provided, such assumption wiU relieve the school town 
of all indebtedness, and Provided, further, That the school township trustee 
of the township in which such town is situated shall lindertake and agree 
ui on the transfer to the school township of such school property to erect a 
convenient township central school building of sufficient capacity to comfort- 
ably serve the school needs of such school town and school township. 

271-1. Manner of Assuming Debt. 2. Such school indebtedness 
shall be assumed by such civil town by the passage of a resolution by the board 
of trustees of such town at any regular meeting thereof to the effect that such 
indebtedness is assumed by such town and stating therein the date of the 
resolution or order of the school board creating such indebtedness, the page 
of the record where recorded, the date of the bonds or other evidence of in- 
debtedness assumed, tne denomination thereof, the rate of interest they bear, 
when the same becomes due and where payable and when and where the in- 
terest thereon is payable. Upon the passage of such resolution the abolish- 
ment of the school trustees of such town and the compliance with section 1 
of this act by the school townshio such indebtedness shall become the debt 
of such civil town, and the board of trustees of such town are authorized 
to levy a tax of not to exceed thirty cents on eacn one hundred dollars of 
the taxable property of such town to provide funds to pay such indebtedness 
as the same becomes due and to continue such levy from year to year until 
sucli indebtedness is paid. Provided, Tbat any funds in the treasury of the 
school board raised for the payment of sucn indebtedness, and the funds 
to be raised from any levy made by the school town prior to sueii assumption 
and payable thereafter shall be paid to the treasurer of such town and be 
applied solely to the payment of such indebtedness so assumed. 



150 



SCHOOL LAWS OF INDIANA 



CHAPTER XIII. 

Transportation of School Children. 



Sec. 

271ra. Schools — Transportation of pnpils 

— Payment of expense. 
271n. School children, transportation of. 
2710. Transfer to nearest school. 
271p. Duty of trustee. 
27 Iq. Expense of transfer. 
27 Ir. Conveyances, ventilation and heat. 



Sec. 

271s. Drivers, quaUflcations of. 
271t. Drivers cannot sublet contract. 
271x1. Railroad cros.sings — Caution pre- 
scribed. 
271v. Expense, payment of. 
271w. Penalty. 
271x. Prosecutor to enforce provisions. 



[Acts 1913, p. 655.] 

271ni. Schools — Transportation of Pupils — Payment of Expense. 

2. It shall be the duty of the township trustee to provide for the education 
of such pupils as are affected by such or any former discontinuance in other 
schools, and they shall provide and maintain means of transportation for all 
su^h pupils that live at a greater distance than two (2) miles and for all 
pupils between the ages of six (6) and twelve (12) that Uve less than two (2) 
miles and more than one (1) mile from the schools to which they may be trans- 
ferred, either within the township or in an adjoining township or school corpora- 
tion, as a result of such discontinuance. In all townships wnere a school 
has been abandoned under the provisions of this act, the trastee shall pro- 
vide for the transportation of all pupils of any other school of su';h township 
who live more than two (2) miles and all piipils between the ages of six (6) 
and twelve (12) that live more than one (1) mile from the school to which 
they are attached, whenever a majority of the patrons of such school petition 
the trustee to provide such transportation. Such transportation shall be in 
comfortable and safe conveyances. The drivers of such conveyances shall 
farnish the teams therefor, and shall use every '^are for the safety of the 
children under their charge, and shall maintain disciphne in such convey- 
ances. Restrictions as to the use of pubhc highways shall not apply to such 
conveyances. The expenses necessitated by the carrying into effect of the 
provisions of this af't shall be paid from the special school fund. (§6423.) 

1. Prior to the adoption of this act, school ofiBcers were not required to furnish 
free transportation to pupils to and from public schools. — State v. Jackson, 168 Ind. 
384, 81 N. E. 62; Nelson v. State, 168 Ind. 491, 81 N. E. 486. 

2. In a proceeding to compel a township trustee to furnish free transportation to 
pupils to and from schools, it must be shown that he has funds that may be used for 
such purpose. — State v. Anderson, 170 Ind. 540, 85 N. E. 17; Dunten v. State, 
172 Ind. 59, 87 N. E. 733; Waters v. State, 172 Ind. 251, 88 N. E. 67. 

3. In proceedings to compel trustees to furnish transportation for pupils to and 
from schools, it must be shown that trustees have sufficient money in their hands to 
furnish such transportation to all pupils entitled to the same. — Waters v. State, 172 
Ind. 251, 88 N. E. 67. 

4. Vehicles need not go to the home of each pupil, but pupils may be required to 
travel a reasonable distance to meet a vehicle. — Lyle v. State, 172 Ind. 502, 88 N. E. 
850. 



SCHOOL LAWS OF INDIANA 151 

5. Notice need not be given to the letting of contracts for tlie hauling of pupils 
to schools, nor is it necessary for the advisory board to act with the township trustee 
in the making of such contracts. — Patterson v. Middle Tp., 98 N. E. 440. 

6. Trustees can not be Mandated to Furnish Transportation Unless 
Advisory Board has Made Appropriation. A township trustee can not be man- 
dated to provide transportation for school children, unless it first be shown that his 
advisory board has appropriated the money therefor, or has authorized Mm to borrow 
the necessary money. — State ex rel., Fairchilds v. Anderson, 170 Ind. 540. 

7. Change of Site Does not Entitle to Transportation. The township 
trustee is not required to furnish transportation to pupils living more than two miles 
or more than one mile and less than two miles from school, where children are between 
six and twelve years of age, in a case where, upon petition of the patrons, the site of 
such schoolhouse has been changed, and the distance thereby made greater, but said 
school not abandoned or discontinued. — Bingham, Att.-Gen. 

[Acts 191/, p. 130,] 

271n. School Children, Transportation of. 1. That township 
trustees shall provide and maintain means of transportation for all pupils 
of public schools that live at a greater distance than two (2) miles and for all 
pupils between the ages of six (6) and twelve (12) years that live at a greater 
distance than one (1) mile from the schools to which they are assigned. 

Note. Township trustees can not be compelled to transport pupils beyond corpor- 
ate limits. — Stansbury, Att.-Gen. 

271o. Transfer to Nearest School. 2. When pupils live witbiin a 
distance nearer to another school of the same or different township in the 
same or different nounty, than the school to which they are assigned, it shall 
be the duty of the township trustee, upon application from the parent, 
guardian or custodian of sui^h pupils, to issue a transfer to the nearer school. 

Note. Other grounds for transfers, see §272. 

271p. Duty of Trustee. 3. In all cases where pupils are transferred' 
to schools in adjoining townships in the same county or in adjoining townships 
in adjoining counties, it shall be the duty of the township trustee of the town- 
shii> in which is located the school to which the transfer is issued, to provide 
for the transportation of such pupils: Provided, That sucu transportation 
will not necessitate any additional wagons or require an additional distance 
to be traveled. 

271q. Expense of Transfer, 4. The township trustee having charge 
of the school from which p'lpils are transferred shall pay to the township 
trustee of the township to whi>jh they are transferred, an amount equal to 
toe per capita uost of transportation and education of such pupils of such 
township. 

1. A school corporation to which pupils have been transferred, can not collect 
anything for transportation unless such corporation actually furnished transportation 
to the pupils transferred. — Stansbury, Att.-Gen., Ofllcial opinion dated June 19, 1917_ 

271r. Conveyances, Ventilation and Heat. 5. In order to insure 

the health and comfort of children who are transported as is nerein provided, 
it shall be the duty of the township trustees to provide covered wagons or 
conveyances with windows in each side as well as in the front and rear. 
Tnese wagons or conveyances shall be equipped with s citable arrangements 
for cieating in the winter time. 

271s. Drivers, Qualifications of. 6. It shall be the duty of township 
trustees to hire drivers for such wagons or conveyances who shall furnish 



152 SCHOOL LAWS OF INDIANA 

safe teams exeei:*t when automobiles are used. In all cases these drivers 
must be twenty-one (21) years of age or older and of good moral character, 
and must be experienced in the handUng of teams or the driving of automo- 
biles, depending on which is used. 

271t. Drivers Can Not Sublet Contract. 7. Su<-h driver shall not 
sublet such contracts for driving school conveyances under penalty of for- 
feiture: Proiided, That in the ease of illness or unavoidable absem'e, sub- 
stitutes be temporarily appointed: Provided, That su'h substitutes shall 
meet with the approval of the township trustee and shall possess the same 
qualifications as specified in section six (6) of this act. 

271u. Railroad Crossings — Caution Prescribed. 8. In order to 
j'^rovide for the safety of school children, it shall be unlawful for any person 
or persons driving any township wagon or conveyance, as is herein provided 
for, and used for the purpose of carrying children to and from school, to 
■nermit sutjn wagon or conveyance to cross or enter upon the tracks or track 
of any steam or electric railroad, upon approaching thereto, without having 
first brought such wagon or conveyance to a fuU stop, and having some re- 
sponsible occupant of such wagon or conveyance get out, walk ahead to siich 
track or tracks and declare the same to be clear after having looked in both 
directions for approaching trains or ears. 

271v. Expense, Payment of. 9. The expenses necessitated by the 
carrying into effect of the provisions of this act shall be paid from the special 
school fund. 

271 w. Penalty. 10. Any person or persons violating any of the pro- 
visions of this act shaU, on conviction, be fined in any sum not exceeding 
five hundred doUars ($500) to which may be added imprisonment in the 
county jail, not exceeding six (6) months. 

271x. Prosecutor to Enforce Provisions. 11. Whenever any town- 
ship trustee shall fail to issue a transfer to another school as is herein pro- 
vided, or fails to provide suitable transportation as is herein specified and 
desfTibed, it shall be the duty of tne county prosecuting attorney, upon 
relation of any parent, guardian or custodian of any child of scuool age in 
such county, to make an investigation and bring such action as shall be neces- 
sary to enforce the provisions of this act: Provided, That the expense of 
such investigation and of any legal action which the prosecuting attorney 
may deem necessary, shall be borne by the county in wMch such prosecuting 
attorney has jurisdiction. 



SCHOOL LAWS OF INDIANA 



153 



CHAPTER XIV. 
Transfek of Pupils. 



Sec. 






Sec 


272. 


Reasons for transfer. 




280. 


273. 


Schools — Transfer of pupils — Tui- • 






tion. 




281. 


274. 


Appeal. 




282. 


275. 


Payment of tuition — Refusal 
make. 


to 


283 


276. 


Rights not abridged. 




284 


277. 


Settlements for transfers. 




28.5 


278. 


Transfer to school corporation 
100,000. 


of 


286 


279. 


Payment of tuition. 







Orphans' Homes — Transfer of chil- 
dren to. 

Transfer tuition — Fund — Rate. 

Transfer denied — Appeal — Penalty. 

Adjustment of tuition indebted- 
ness. 

Special written agreements. 

Transfer outside of state — Tuition. 

Indiana Soldiers' and Sailors' Or- 
phans' Home— Admission. 



[Acts 1901, p. 448. Approved March 11, 1901.] 

272. Reasons for Transfer. 1. Whenever any child, resident in 
one school corporation of the state, may be better accommodated in the 
school of another corporation, the school trustee, board of school trustees or 
commissioners of the school corporation in which such child resides shall, 
upon the application of the parent, guardian or custodian of such child, 
made at any time, grant an order of transfer which shall entitle such child 
to attend the schools of the corporation to which such transfer is made under 
the conditions hereinafter prescribed: Provided, That in determining whether 
a child can be better accommodated in the schools of another school cor- 
poration than that in which such child resides, such matters as the proximity 
of the schools of the township and city to the residence of such child desiring 
the transfer; the kind and character of the roads to each; the means of trans- 
portation, if any, to each; the crowded conditions of the schools in either of 
the two school corporations shall be pertinent: And, Provided, further. 
That the desire to attend a commissioned or accredited [certified] high school, 
when no such school is maintained in the resident school corporation, or 
when in attending such commissioned or accredited high school the living 
expenses can be more advantageously provided for in another school cor- 
poration, or when such commissioned or accredited high school in another 
school corporation is more accessible, shall be deemed reasons for such trans- 
fer: And, Provided, further. That the proAdsions of this act shall be construed 
as applying in the same manner to resident pupils who are graduates from 
the eighth grade in the common schools of this state, or its equivalent, who 
may desire to attend a private school of the secondary rank, which, having 
been duly approved by the state board of education, holds the same rank as 
a commissioned high school. (§6449 as amended 1909, p. 173.) 

Note. Distance from school grounds for transfer, see §271o. 

1. The state board of education fixes standards to be maintained by non- 
commissioned and non-certified high schools so as to make the work done by such 
schools count uponthe courses in commissioned and certified high schools. 

2. Annual Transfer. Transfers have to be made every year; a transfer for 
one year is not valid for the next year. — Edwards v. Trustee, etc., 143 Ind. 84. 



154 SCHOOL LAWS OF INDIANA 

3. The Right of Transfer. Formerly persons could be transferred at no other 
time than at the time enumeration was taken, and then only when the trustee was 
satisfied that they could be better accommodated. — Edwards v. Trustee, etc., 143 Ina. 
84; but now the transfer may be made at any time. 

4. Appeal. The right to be transferred is not absolute, depending upon the 
choice of the citizen, Uke the right to be attached to any school in his township. It 
can only be claimed if he "can be better accommodated" by such transfer, and the power 
of the trustee to make the transfer depends upon the existence of that condition. 
Of necessity, then, he must determine whether or not the condition exists, and act 
upon such determination. But his decision is not final. Section 445 expressly provides 
for an appeal to the county superintendent from all decisions of the trustee relative 
to school matters; and for the purpose of preventing, as far as can be, vexatious liti- 
gation, provides that the decision of the county superintendent shall be final as to 
certain matters, among which is enumerated "transfers of persons for school purposes." 
— Fogle v. Gregg, 26 Ind. 345; Edwards v. Trustee, etc., 143 Ind. 84. See §181. 

5. Better Accommodations. The right of transfer for educational purposes, 
provided by statute, is given only to persons who can be better accommodated thereby. 
It is a personal right, and each request for transfer is to be considered and determined 
upon its merits as a separate case by the school ofHcers; that is, can the person re- 
questing the transfer, taking all the surroundings and conditions that will exist during 
the coming school year into consideration, be better accommodated during such year 
with school privileges at the schools of the school corporations to which he seeks transfer 
than at the schools of the school corporation in which he resides. 

In the determination of this question many things would be material and pertinent ; 
the proximity of the schools in the township and city to the residence of relator; the 
kind and character of the roads to each; the means of transportation, if any, to each; 
the crowded condition of the schools in either of the two school corporations. — Edwards 
V. Trustee, etc., 143 Ind. 84. 

6. Taxes of Transferred Persons. Persons now transferred are no longer 
taxed in the townsliip to which they are transferred, unless they have property in that 
township. For a decision on the old law, see Johns v. State, 130 Ind. 522. 

7. To What Taxes Liable. Formerly a transferred person was liable to all 
taxes levied for school purposes in the corporation to which he was transferred, and at 
the same rate as resident school patrons. — Johns v. State, 130 Ind. 522. 

8. Constitutional. The provisions of the old section authorizing the taxation 
of the person transferred was constitutional. — Kent v. Town of Kentland, 62 Ind. 291; 
Robinson v. Schenck, 102 Ind. 307, 315. 

9. Must Receive. The person transferred must be received by the school 
corporation to which the transfer is made. — Edwards v. Trustee, etc., 143 Ind. 84. 

10. Request Necessary. Unless the person to be transferred requests it, a 
transfer can not be made. — Edwards v. Trustee, etc., 143 Ind. 84. 

11. Appeal on Refusal to Make Transfer. The person desiring to be trans- 
ferred has the right to appeal if his request be denied ; and so has the corporation to 
which a transfer is made. The appeal must be taken within thirty days after the re- 
quest is made and refusal given; or, in case of the school corporation, within thirty days 
after it is notified of the transfer. On appeal, the decision of the county superintendent 
js final. — Edwards v. Trustee, etc., 143 Ind. 84. 

12. Length of Time of Transfer. It has been rigidly held by the supreme 
court that a transfer is for a full year regardless of the length of term of school in the 
corporation from which the transfer is made. Therefore, if a child is transferred from 
a corporation maintaining a six months' term to a corporation that maintains a nine 
months' term the said child is entitled to nine months of school as provided where 
transferred. 

13. Transfer of High School Pupils. All pupils are entitled to a four years' 
high school course in a commissioned high school, and when the corporation in which 
the pupil Uves does not maintain such a course the pupil is entitled to a transfer to a 
commissioned high school. 



SCHOOL LAWS OF INDIANA 155 

273. Schools — ^Transfer of Pupils^Tuition. 2. If such transfer 
is granted, the school trustee or board of school trustees, or commissioners 
of the school corporation in which such child resides, shall pay out of the 
special school fund, or out of the township fund or out of the tuition fund at 
his discretion, to the school trustee, board of school trustees or commis- 
sioners of the school corporation to which such child is transferred, as tuition 
for such child, an amount equal to the annual per capita cost of education in 
the corporation to which said child is transferred; or such a part of it as the term 
of enrollment of said child in the schools of the creditor corporation may re- 
quire : Provided, That the per capita cost in high schools shall be calculated 
upon the basis of expenditures for high school purposes, and the per capita 
cost in grade schools shall be calculated upon the basis of expenditure for 
the schools below the high school: Provided, That in case the corporation 
transferring said child maintains a school, or schools, of like grade to which 
said child is transferred, the rate of tuition shall in no case exceed the per 
capita cost in said school, or schools, maintained by the corporation which 
transfers such child. In calculating the per capita cost, only expenditures 
for the current year, not including permanent improvements and additions, 
shaU be counted and shaU be based on the following items: Salaries of in- 
structors, supervisors and superintendent, salary of janitor, fuel and light, 
printing and laboratory supplies. 

[As amended Acts 1915, p. 35.] 

Note. The above repeals §2 of the law of 1901, as amended Acts of 1909, page 
322, same being section 6450 Burns' Rev. Stat. 1914. 

1. In determining the per capita cost, the total cost should be divided by the 
average monthly enrollment. 

2. In small high schools where the superintendent devotes a part of his time to 
teaching, the contract should show the proportionate amounts paid for teaching and 
supervision. The tuition fund should be used in paying for teaching. The total cost 
for instruction should include the teaching part of superintendent's salary. 

274. Appeal. 3. If an order of transfer be denied to the school cor- 
poration in which the said custodial institution or orphans' home is located, 
said school corporation by its proper officer or officers may appeal the case 
to the county superintendent of schools of the county denying said transfer. 
Either school corporation by its proper officer or officers may appeal from the 
decision of the county superintendent of schools to the state superintendent 
of public instruction, within sixty days, by filing a written statement of the 
case and serving written notice upon the other contesting corporation. 
(§6460.) 

1. Final Decision. The county superintendent's decision is final. 

2. Time for Appeal. The appeal must be taken within thirty days after refusal 
to make the transfer has been made by the trustee. 

275. Payment of Tuition — Refusal to Make. 4. The indebted- 
ness for tuition between school corporations arising from the provisions of 
this act shall be due and payable February 1st and July 30th of every year. 
If any school trustee or board of school trustees or commissioners refuse 
to pay any sums claimed by another corporation as due, the creditor cor- 



156 SCHOOL LAWS OF INDIANA 

poration shall make written statement of the ease to the county auditor" 
who shall have power to hear and determine the matter. If he hold that 
a given sum is due the complaining corporation, he shall, in the next semi- 
annual distribution of school revenues, withold such sum from the amount 
otherwise due the debtor corporation: Provided, That unpaid tuition claims 
arising between corporations of different counties shall be adjusted by the 
state superintendent of public instruction, through the apportionment of 
school revenues. (§6452.) 

276. Rights not Abridged. 5. Nothing in this act shall be construed 
to abridge the right of trustees, boards of trustees or commissioners of two 
or more corporations to enter into written agreements to educate the trans- 
ferred children of their respective corporations for a charge less than that 
named in §2 of this act. (§6453.) 

[Acts 1907, p. 221. Approved March 9, 1907.] 

277. Settlements for Transfers. 1. Any school trustee, board of 
school trustees or commissioners of any school corporation which shall re- 
ceive transfer of children from another school corporation, shall on or before 
the third Monday in June of each year, file with the school trustee, board 
of school trustees or commissioners of the school corporation in which such 
transferred child or children reside, a complete statement showing all of such 
transfers, giving the name of each child and the school corporation from 
which each child was received, together with a statement of the attendance 
of each child so transferred and the amounts due to the corporation to which 
such transfer has been made because of the same, and also a certified statement 
of the annual per capita cost of maintaining the school or schools which 
such transferred child or children attended during the year. The school 
trustee, board of school trustees or commissioners of the school corporation 
from which said child or children were transferred shaU pay out of the special 
school fund or out of the township fund, or out of the tuition fund, of his cor- 
poration, at his discretion, to the school trustee, board of school trustees 
or commissioners of the school corporation to which such child or children 
were transferred, on or before the 1st day of August next following the re- 
ceipt of the aforesaid statement of the amount of tuition thus due and in the 
event of failure to pay said tuition when due, a penalty of ten per cent shall 
attach from and after the 1st day of August of the year in which such tuition 
is due; Provided, That the school trustee, board of school trustees or com- 
missioners of any school corporation now indebted to any other school cor- 
poration on account of the transfer of any child or children, are hereby 
authorized to, and they shall pay such indebtedness out of the special school 
fund now belonging to the corporation so indebted, and not otherwise ap- 
propriated. (§6454 as amended 1909, p. 331.) 

1. Note. A transfer certificate is the legal evidence that a pupil lias the right 
to enter the schools of a corporation other than Iiis own. It is an evidence of a legal 
claim of a creditor corporation against a debtor corporation. It is tlae better practice 
for school authorities to insist that transfer certificates be filed before pupils from 
outside corporations are received into their schools. 



SCHOOL LAWS OF INDIANA 157 

[Acts 1901, p. 513. Approved March 11, 1901.] 

278. Transfer to School Corporation of 100,000. 1. Whenever a 
child shall be transferred for school purposes from one school district or cor- 
poration to another, the latter having a population of more than 100,000, 
according to the last preceding United States census, in ease the parent, 
guardian or custodian of such child is at the time, prior to August 1st, in any 
year, a taxpayer in the district to which the transfer is made, any tuition 
payable by law on account of such transfer by the corporation making it, 
shall be reduced or credited to the extent of all current school taxes levied 
by the corporation to which the transfer is made and payable by such 
parent, guardian or custodian. (§6455.) 

279. Payment of Tuition. 2. If any parent, guardian or custodian 
of a child entitled by law to attend the common schools of one district school 
or school corporation of this state desires to have the child transferred for 
school purposes to another such school district or school corporation of this 
state, thelatter having a population of more than 100,000, according to the last 
United S tates census, and he fails, or is unable to procure such transfer to 
be made, as provided by law, in such case if the child shall nevertheless be 
accepted as a scholar in the common schools of such district or corporation 
to which the transfer was desired, any tuition for the child payable by the 
parent, guardian or custodian to the school corporation where the child shall 
be so accommodated shall be reduced or credited to the extent of all current 
school taxes levied by the school corporation so accommodating the child, 
and payable by such parent, guardian or custodian. (§6456.) 

[Acts 1903, p. 15. Approved February 6, 1903.] 

280. Orphans' Homes — Transfer of Children to. 1. Dependent 
children in orphans' homes or custodial institutions for dependent children 
in this state, shall be educated by the township trustee or school board of the 
corporation in which the custodial institution or orphans' home is located. 
That the board of commissioners of any countj^ the board of children's 
guardians, tov/nship trustees, truant of&cers, state agents, juvenile courts 
and other courts and persons authorized by law to place dependent children 
in custodial institutions of this state, shall immediately upon the placing of 
any child or children in any such custodial institution, give notice to the school 
corporation from which said child came that said child has been placed in 
such custodial institution. That a transfer certificate shall be issued by the 
trustee or school board where such child has a legal settlement, for each de- 
pendent child in such custodial institution or orphans' home, and sent to the 
proper school officer or officers of the school corporation where said custodial 
institution or orphans' home is located: Provided, That in the event of a 
transfer of a child from one custodial institution or orphans' home to another, 
a new transfer certificate shall be issued. That each school corporation thus 
transferring a child or children shall be credited at the end of the school year 
on its transfer account to the amount of the annual per capita distribution 
made by the state superintendent of public instruction when such child has 
been enumerated in the custodial institution or orphans' home. That ac- 
count shall be kept by the custodial institution or orphans' home of the actual 
school days each child is an inmate of said custodial institution or orphans' 



158 SCHOOL LAWS OF INDIANA 

home, and the same reported to the proper school officer where said institu- 
tion is located at the end of the school year: Provided, That the report 
from any such custodial institution to the township trustee or the school 
board of the corporation in which the same is located, shall also contain the 
name of the school corporation in which said child has a legal settlement, 
the date when entering said institution, when removed, and the age of said 
child. That each dependent child in custodial institutions or orphans' 
homes in this state shall be enumerated where it is at the time the enumer- 
ation is taken, whether it be in the child's own school corporation or the 
school corporation where the custodial institution is located, but said enumer- 
ation shall not change the legal settlement of any such child. (§6458 as 
amended 1907, p. 310.) 

Note. Since the transfer certificate is essential to enable the creditor corporation 
to establish its claim, trustees of corporations in which orphans' homes are located 
should insist upon having transfers before receiving such pupils into their schools. 

281. Transfer Tuition — Fund — Rate. 2. That the school cor- 
poration in which such child has settlement shall pay out of the special school 
fund or out of the township fund or out of the tuition fund at the discretion 
of the trustee of the township, board of school trustees or commissioners of 
the school corporation, to the school corporation in which said institution is 
located, as tuition for said child, an amount equal to the annual per capita 
cost of education, in the corporation to which said child is transferred. Pro- 
vided, That if said child is a resident of said school corporation for less than 
one (1) year, said annual per capita cost shall be pro-rated. In calculating 
the per capita cost, only expenditures for current year, not including perma- 
nent improvements and additions, shall be counted. 

[As amended, Acts 1917, p. 89. J 

282. Transfer Denied — Appeal — Penalty. 3. If an order of trans- 
fer be denied to the school corporation in which the said custodial institu- 
tion or orphans' home is located, said school corporation by its proper officer 
or officers may appeal the case to the county superintendent of schools of 
the county denying said transfer. Either school corporation by its proper 
officer or officers may appeal from the decision of the county superintendent 
of schools to the state superintendent of public instruction, within sixty (60) 
days, by filing a written statement of the case and serving written notice 
upon the other contesting corporation. Any township trustee or secretary 
of a school board who refuses to issue transfer to any pupil sent from his 
school corporation to an orphans' home for school purposes, shall be guilty 
of a misdemeanor, and, upon conviction thereof, shall be fined not less than 
ten dollars ($10) nor more than twenty-five ($25.) 

[As amended Acts 1917, p. 89.] 

283. Adjustment of Tuition Indebtedness. 4. The indebtedness 
for tuition between school corporations arising from the provisions of this act 
shall be due and payable February 1st and July 30th of every year. If any 
school trustees or board of school trustees or commissioners refuse to pay 
any sums claimed by another corporation as due, the creditor corporation 
shall make written statement of the case to the county auditor, who shall have 



SCHOOL LAWS OF INDIANA 159 

power to hear and determine the matter. If he hold that a given sum is due 
the complaining corporation, he shall, in the next semi-annual distribution 
of school revenues withhold such sum from the amount otherwise due the 
debtor corporation: Provided, That unpaid tuition claims arising between 
corporations of different counties shall be adjusted by the state superinten- 
dent of public instruction, through the apportionment of school revenues. 
(§6461.) 

284. Special Written Agreements. 5. Nothing in this act shall be con- 
strued to abridge the right of trustees, boards of trustees or commissioners of 
two or more corporations to enter into written agreements to educate the 
transferred children of their respective corporations for a charge less than 
that named in §2 of this act, nor shall this act applyto children main- 
tained in any institution supported out of the state treasury. (§6462.) 

[Acts 1911, p. 487. Approved Marcn 6, 1911.] 

285. Transfer Outside of State — Tuition. 1. That whenever the 
children, resident in any school corporation of the State of Indiana may be 
better accommodated in the schools of another school corporation or district 
outside of the State of Indiana but adjoining such school corporation in In- 
diana, then the school trustee, board of school trustees or commissioners of 
such school corporation in which such children reside, shall, upon petition of 
a majority of school patrons of such school corporation, grant orders of trans- 
fer to all children in such school corporation, between the ages of six and 
twenty-one years who may desire to attend school, to such school corporation 
or district outside of the State of Indiana; and for each child so transferred, 
such school trustee of each township and the trustees of each school town and 
school city shall pay to such foreign school corporation as a tuition fee for each 
pupil, a sum not exceeding two dollars per month for common school educa- 
tion, and a sum not exceeding four dollars per month for graded high school 
education, payable from the special fund of such school corporation: Pro- 
vided, That such transfer shall not be made if a graded high school be situated 
within a distance of two miles of such school corporation within the State of 
Indiana: Provided, further. That no transfers shall be made until a satis- 
factory written contract shall be executed by such school corporation and 
such foreign school corporation or proper school authority. (§6448a.) 

286. Indiana Soldiers' and Sailors' Orphans' Home — Admission. 

9. The trustees and (under regulations and a form of application which they 
shall prescribe) the superintendent are authorized and required to receive, as 
pupils into said home, orphans and children residing in this state, under the 
age of sixteen (16) years who may be destitute of the means of support and 
education in the following order: 

First: Orphan children of deceased Union soldiers or sailors in the army 
or navy of the United States in the late civil war, or in the war with Spain, or 
in the war in the Philippine islands or in the regular service of the United 
States, said orphans not having mothers living. If there be not applications 
for the admission of persons of this class sufficient to fill said home, then there 
shall be in like manner admitted : 



160 SCHOOL LAWS OF INDIANA 

Second: Orphans, children of such deceased soldiers or sailors, said or- 
phans having mothers living. If there be not applications for the admission 
of persons of said two classes sufficient to fill said home then, in like manner, 
there shall be admitted: 

Third: Children of permanently disabled or indigent soldiers or sailors 
of said service residing in this state, or in national military homes, having 
been admitted thereto from this state. If there be not applications for the 
admission of persons of said three (3) classes sufficient to fill said home, then, 
in like manner, there shall be admitted: 

Fourth: AU grandchildren of soldiers and sailors whose father or mother 
have died or have been committed to an asylum for the insane. All childre n 
admitted to said home as pupils thereof shall be supported and edu cated 
therein until they shaU be sixteen (16) years of age, unless for good cause 
sooner discharged. Any of said pupils, who, by reason of physical disability or 
other cause may be, in the judgment of said board, unable to earn a livelihood, 
shall be retained as pupils of said home until they shall be eighteen (18) years 
of age. 

[As amended, Acts 1915, p. 137.] 



SCHOOL LAWS OF INDIANA 



161 



CHAPTER XV. 

Schools in Cities op the First Class. 



Seo. 




Sec 


287. 


Board of school commissioners — 
Cities of 100,000 inhabitants. 


315. 


288. 


Qualifications of commissioners. 


316. 


289. 


Nomination and election. 


317. 


290. 


Terms. 


318. 


291. 


Organization — Treasurer. 


319. 


292. 


Committees — Salaries — Rules. 


320. 


293. 


Legislative act — Director's approv- 


321. 




al. 


322. 


294. 


Officers and teachers — Examina- 


323. 




tion. 


324. 


295. 


Business director — Duties. 


325. 


296. 


Superintendent, librai-ian, et al. — 
Duties. 


326. 


297. 


Appointment or discharge — Re- 


327. 




ports. 


328. 


298. 


Schools — Business director — Bond. 


329. 


299. 


Auditor of school board. 




300. 


Warrants. 


330. 


301. 


Evidence of indebtedness. 


331. 


302. 


Illegal warrant — Liabihty. 


332. 


303. 


Appropriation necessary. 




304. 


Auditor's report — Bond — Pay. 


333. 


305. 


Accountants. 


334. 


306. 


Payments to treasurer. 


335. 


307. 


Contracts, appropriation for neces- 






sary. 


336. 


308. 


Contracts to be in writing — Sup- 


337. 




plies. 


338. 


309. 


Bids for schoolhouse. 


339. 


310. 


Funding indebtedness. 


340. 


311. 


Tax levy. 


341. 


312. 


School law in force. 




313. 


Old school board. 


342. 


314. 


Limit of debt. 


343. 



Schools — Cities first class — Right 

to issue bonds. 
Purchase of grounds and buildings. 
Eminent domain, may exercise. 
Removal of commissioner. 
Levy to pay debts. 
Subsequent censuses. 
Manual training schools. 
Teachers and instruction. 
Tax to support schools. 
Taxes — Powers as to levy. 
Bonds — Building and grounds fund. 
Art association contract — Cities 

of first class. 
Powers of school commissioners. 
Repeal. 
Art associations — School board — 

Payments to maintain. 
School officers — Board of visitors. 
Acceptance of provisions. 
Mayor and comptroller — Attend 

meetings. 
Resolution in force. 
Agreement in force. 
One association to participate — 

How chosen. 
Health inspection. 
Tax levy for health inspector. 
Trade and industrial schools. 
Maintenance and operation. 
Transfer — Tuition. 
Public playgrounds and public 

baths — How established. 
How controlled. 
Expenses — How paid. 



[Acts 1899, p. 434. Approved March 4, 1899.] 

287. Board of School Commissioners — Cities of 100,000 Inhabi- 
tants. 1. The govermnent of common schools in cities of one hundred 
thousand or more inhabitants, according to the last United States census, 
shall be vested in a board of school commissioners, which shall consist of five 
school commissioners. The said board of school commissioners shall have 
and exercise all the powers now conferred by an a^'t of the general assembly 
of this state, approved Marcu 3, 1871, entitled "an act providing for a general 
system of common schools in all 'ities of thirty thousand or more inhabitants, 
and for the election of a board of school commissioners for such cities, and 
defining their duties and prescribing their powers, and providing for common 
school libraries within such cities," and all a'^ts amendatory thereof ,f and 
supplemental thereto; and also aU powers now conferred by law on boards o 

8564^11 



162 SCHOOL LAWS OF INDIANA 

school eommissioners in r.ities of thirty thousand or more inhabitants, ac- 
cording to the United States census of J 870, as well as the powers now con- 
ferred by law on boards of school commissioners in cities of one hundred 
thousand or more inhabitants, except as otherwise herein provided. And 
said board of school eommissioners provided for by this act shall assume, 
pay and be liable for all the indebtedness and liabilities of boards of school 
commissioners heretofore elected under the above described acts. (§6515.) 

1. Statute Valid. This statute is valid. — Campbell v. City of Indianapolis, 
155 Ind. 186, 57 N. E. 920. 

2. The act of 1871 referred to is repealed by this act. It was declared unconstitu- 
tional in Campbell v. City of IndianapoUs, cited above. 

288. Qualifications of Commissioners. 2. The members of such 
board of school commissioners shall be at least twenty-five years of age, 
residents of the city, and shall have been such residents (or at least three 
years immediately preceding their election. They shall be ineligible to any 
elective or appointive office under such board of school commissioners and 
under the government ol' such city while holding membership in said boatd. 
They shall not be interested in any contract with or claim against the school 
city in whii.-h they are elected, either directly or indirectly. If at any time 
after the election of any member of said board he shall be-^ome interested in 
any such contract with or claim against said school city he shall thereupon 
be disqualified to continue as a member of said board, and a vacancy shall 
thereby be created. Every member of said board shall, before assuming the 
duties of his offl'^e, take an oath before some one qualified to administer oaths 
that he possesses all of the quahfleations required by this a^t, that he will 
honestly and faithfully discharge the duties of his offi /e, that he will not, 
while serving as a member of such board, become interested, directly or 
indirectly, in any contract with or claim against said school city, and that 
he will not be influenced during his term of office by any consideration of 
politics or reUgion or anything exrept that of merit and fitness in tbe appoint- 
ment of of&(iers and the engagement of employes. No compensation shall be 
received by members of the board, but they shall be exempt from jury duty 
during their term of office. (§6516.) 

289. Nomination and Election. 3. The said board of school com- 
missioners shall be elected, except as specified in section 4 of this act, on a 
general ti'^ket for the term of four years, by the voters of said city qualified 
to vote at its city elections. The members of such board shall be elected at 
the regular oity election of such civil city, and shall be taken from the city 
at large without reference to districts, and such election shall be held under 
the provisions of the general laws governing such city elections, so far as they 
are not inconsistent with the provisions of this act. The expense of such 
election, except that of printing the ballots, shall be borne by the civil city. 
Not later than forty days before any election for members of the board of 
school commissioners, provided for in this act, householders of said city may 
present names of candidates for election as members of said board of school 
commissioners by fifing the nominations in the office of the comptroller of 
said city in the manner following : Each candidate shall be proposed in writing 
by not fewer than three hundrsjd householders of said city. No more than 



SCHOOL LAWS OF INDIANA 163 

one candidate may be named in any one petition and no person may sign 
more than one petition for any one eler-tion. Upon the filing of such petitions 
in the ofl&ce of the comptroller, as aforesaid, the comptroller shall place the 
same in the public files of his office and for five days, the last of whi'ih shall 
be not less than thirty days before the election, he shall publish the names 
proposed in two daily newspapers of the 'dty, and at the time required by 
law shall ceitify such nominations to the regular board of election commis- 
sioners for said city election. Any one thus nominated may withdraw his 
nomination by a written decUnation filed with the oomi.troller befoie the 
certification of the same as aforesaid. The comptroller shall not f^ertify or 
publish the name of any candidate who shall appear to be ineligible under 
the provisions of section 2 of this act. The election commissioners shall pre- 
pare ballots the color and quality of whose paper shall be the same as that of 
the regular tUty ballots. The ballots so prepared shall contain the names of 
all such candidates arranged in alf-habetieal order in columns according to 
the following method: The names of candidates for ea--h term shall be 
printed in a separate ''olumn, those for the regular term in the first column 
and those to fill vacancies in the second column, and such names shaU be 
printed upon tf'e ballots in rotation in such manner, as nearly as possible, 
that the name of each candidate shall appear at the head of the column for 
his term, whether the regiilar or the vacam-y term, as often as that of any 
other siieh candidate shall so appear, and in the second place a like number of 
times, and so on. In printing the ballots, the positions of the several names 
shall be changed as many times as there are candidates to be voted for. In 
changing the positions, the printer shall take the name at the head of the column 
and put it at the foot, raising tlte remainder of the column so that the name 
that was second before the change shall be first after the change. After the 
ballots are printed they shall be kept in separate piles, one pile for each change 
of position, and then gathered by taking one from each pile and placing it 
upon the pile to be blocked in such a way that every block of one hundred 
baUots (and all ballots shall be sent out in blocks of one hundred each) shall have 
as nearly as possible an equal number of ballots of each kind, and the name of 
each candidate thereon shall appear severally in first, second, third and fourth 
place, and so on, upon the several ballots an equal number of times with 
each of the other candidates for the said term. There shall be nothing on the 
face of said ballots except as otherwise provided herein and except the names 
of the candidates and the respective terms for which they are candidates, 
together with a square in front of each name and a statement at the head of 
each column of the number of candidates for that term for whom the elector 
may vote, and that the elector shall indicate his choice by marking a cross 
in the square opposite the name of each candidate for whom he votes, and not 
elsewhere. Such ballots shall be voted at the regular city election and 
deposited in a separate ballot box to be provided for the purpose. Each elector 
may vote for as many candidates as there are members to be elected, by 
marking a cross in the square opposite the name of each candidate for whom 
he votes. No election officer, challenger, or poU book holder shall indicate to 
any elector offering himself to vote what he believes or understands to be 
the poHtieal afflUation of any candidate for school commissioner. The candi- 
dates, in number equal to the number of members to be chosen, for the re- 
spective terms for which they shall have been nominated, who have the highest 



164 SCHOOL LAWS OF INDIANA 

number of votes of those cast for such term, shall be declared elected. If at 
any election a member is to be chosen to fill a vacancy and to serve out an 
unexpired term, candidates may be chosen as above provided, but they shall 
in all cases be nominated or proposed for such vacancy and designated in 
the petition and on 'the ballot as candidates to fill such vacancy, and the 
date of the expiration of the unexpired term shaU be stated. The vacancies 
in said board of school commissioners shall be filled temporarily by the board 
as soon as practicable after such vacancy occurs. Such member so chosen 
shaU hold office until his successor be elected and quaUfled. His successor 
shall be elected at the next regular city election, when the vacancy shaU 
be filled for the remainder of the term. Any person violating any of the 
provisions of this section shall be fined upon conviction in any sum not exceed- 
ing two hundred doUars. ( §6517.) 

[As amended by Acts of 1903, p. 5.) 

1. School commissioners to be elected under this section can not be nominated 
by political parties but must be designated by petition as herein provided. — Remster 
V. SulUvan, 36 App. 385. 

290. Terins. 4. At the city election occurring on the second Tuesday 
in O'^tober, 1899, five members of the board of school commissioners shall 
be elected to serve as herein provided. They shaU assume office on the first 
day of January, 1900, and meet at the office of the present board of school 
commissioners of such "ity at twelve o'clock, noon, and i;ro"eed to organize. 
Within one week after the organization of the said elected board they shall 
meet to divide themselves by lot, in such manner as they shall determine, 
into two classes, as iollows: The first class, consisting of three members, 
shaU hold office through the 31st day of December, 1901. The second class, 
consisting of two members, shall hold office through the 31st day of Decem- 
ber, 1903. Thereafter, regular elections of members of the board of school 
commissioners shall ocur at the regular city elections, held on the second 
Tuesday of October of eah alternate year. In the year 1901, and every 
fourth year thereafter, three members shall be elected. In the year 1903, 
and every fourth year thereafter, two members shall be elected. (§6518.) 

291. Organization — Treasurer. 5. The board of school commis- 
sioners shall organize annually at their first meeting in January bv choosing 
one of their number president and another ^-ice-president. The treasiu-er of 
the city shall be the treasurer of the board of school commissioners and shall 
receive a salary not to exceed one thousand five hundred dollars to be deter- 
mined by the board of school commissioners. The treasurer shall make a 
monthly report to the board of all amounts received and expended during the 
month and the amount on hand to the credit of the board. He shall give 
bond to the approval of the board in such sum as it may determine and with 
not less than two freehold sureties or a surety company. ( §6519. As amended 
1911, p. 528.) 

292. Committees — -Salaries— Rules. 6. All standing committees 
provided for by the rules of said board shall be appointed by the president 
within two weeks after his election. AU vacancies in offices directly or in- 
directly under the control of the board of school commissioners shall on their 
occiu-renee be filled for the unexpired terms in the same manner as is pre- 
scribed for the regular appointment or election: Provided, That no such 



SCHOOL LAWS OF INDIANA 165 

election to be made by direct vote of the board of school commissioners shall 
take place before the regular meeting next subsequent to that at which such 
vacancy is reported to said board. Subject to the limitations herein stated 
said board shall have power to fix salaries of all officers, agents, teachers, or 
other employes, in the employ of the board. Such board shaU adopt such 
schedule of salaries as it may deem proper; and, for this purpose, shall divide 
all teachers, principals and other employes, into classes based upon experience 
or responsibility or both and each principal, teacher, or employe in any one 
of such classes shall receive the same compensation given to each of the other 
members of the same class. It shall have power to fix the time of meetings, 
except that one regular meeting shall be held each month; and to make, amend 
and repeal by-laws and rules for its procedure and for the government and 
management of the schools and school property under its control. But the 
rules and by-laws of the board of school commissioners superseded by this 
act so far as they are not inconsistent with the provisions hereof shall remain 
in force and be binding upon the board of school commissioners until such 
time as it shaU adopt new rules and by-laws to supersede them. (§6523. As 
amended 1911, p. 528.) 

293. Legislative Act — Director's Approval. 7. Every legislative 
act of the said board shall be by written resolution. Every resolution involv- 
ing an expenditure of money or the approval of a contract for the payment 
of money, or for the purchase, sale, lease or transfer of property, or levying 
any tax, shall, before it takes effect, and at least five days before the next 
regular meeting, be presented, duly certified by the secretary, to the business 
director for approval. The director, if he approves such resolution, shall 
sign it; but if he does not approve it he shall return the same to the board 
at its next regular meeting, with his objections, which the board shall enter 
in full upon its journal, and if he does not return the same within the time 
above limited, it shall take effect in the same manner as if he had signed it: 
Provided, That the director may approve or disapprove the whole, or any 
item or part of any such resolution. When the director refuses to sign any 
resolution or part thereof, and returns it to the commissioners with his 
objections, the board shall forthwith proceed to reconsider it; and if the same 
is approved by the votes of at least three commissioners, it shall then take 
effect as if it had received the signature of the director, and in all usch cases 
the votes shall be taken by yeas and nays, and entered on the records of the 
board. (§6520, as amended 1911, p. 528.) 

294. Officers and Teachers — Examination. 8. The board shal 
have power to determine the number of assistant superintendents, super- 
visors, teachers and employes, and prescribe their duties and fix their com- 
pensation. The said board shall pro\ade rules for the management and main- 
tenance of the public library, and appoint an advisory committee to aid in 
the selection of books for the same, and to advise in all other matters per- 
taining to the Ubrary. The board shall adopt rules for obtaining, by open 
competition and without regard to religious or political beliefs, eligible lists 
from which all teachers and all other employes, except the superintendent, 
the assistant superintendent, the principal of the normal school, the super- 
visors, and the principals of the high schools, shall be elected with regard, 
exclusively, to fitness. (§6522.) 



166 SCHOOL LAWS OF INDIANA 

295. Business Director — Duties. 9. At their first regular meeting 
in April, 1913, and each four years thereafter the commissioners shall elect a 
superintendent of schools, a business director, a secretary, a librarian and a 
superintendent of buildings and grounds who shall serve for four years from the 
date of their election and shall be removable at any time by a vote of three 
members of said board of school commissioners. The business director shall 
be the executive officer of the board. He shall execute for the board of school 
commissioners in the name of the school city its contracts and obligations, 
except that bonds issued shall be signed by the president and attested by the 
secretary; he shall see that all contracts made by or with the board shall be 
fully and faithfully performed; he shall have the care and custody of all 
property of the school board not otherwise specified and provided for; he 
shall purchase all supplies subject to the rules of the board or the provisions 
of this act; and generally shall execute and carry into effect all matters and 
things authority for which shall have previously been granted by the board 
as herein provided. (§6521.) 

296. Superintendent, Librarian, et al. — Duties. 10. The super- 
intendent of schools shall have the power to appoint and discharge all prin- 
cipals, supervisors, assistants and teachers authorized by the board subject 
to the Umitations of this act stated and shall report to the board annually 
and oftener if required as to all matters under his supervision: Provided, 
That the board of school commissioners shall approve of the appointment 
of assistants, principals, supervisors and teachers unless four of such mem- 
bers disapprove of the same. He may be required by the board to attend any 
or all of its meetings and may take part in the deliberations but shall not vote. 
He shall select and report to the board all charts, maps, text-books and ap- 
paratus to be used in the schools of the said city except the high schools, nor- 
mal and manual training schools, conforming however so far as may be to the 
provisions of the general law of the State of Indiana, governing school books. 
In Uke manner he shall report to the board all text-books, maps, charts and 
apparatus to be used in the high schools, normal and manual training schools, 
which charts, maps, text-books and apparatus shall have iirst been selected 
by a committee consisting of said superintendent of the schools, the principal 
of the high schools, the principal of the normal school, the principal of the 
manual training school and the head of each department in which such maps, 
charts, text-books or apparatus is to be used. The librarian shall have charge 
of all hbraries under control of the school board and shall recommend to the 
board for purchase, after the approval of the Library advisory committee, all 
books, maps and charts, and such other things as are necessary for the equip- 
ment and maintenance of the libraries. The librarian shaU employ and dis- 
charge all assistant librarians and other employes employed in and around 
such library buildings subject to the limitations of this act stated and not 
otherwise provided for, and shall report monthly and annually and oftener if 
required as to all matters under the supervision of such office. The secretary 
of the board shaU keep all records and documents belonging to the school 
board and shall attend each meeting of the board and transcribe a true record 
of all its proceedings and report upon all things coming under the supervision 
of his office. He shall receive a salary not to exceed two thousand five hundred 
doUars per year to be fixed by the board of school commissioners. The super- 



SCHOOL LAWS OF INDIANA 167 

intendent of buildings and grounds shall be either a sanitary engineer or shall 
be skilled in and previously engaged in the business of heating, drainage 
and ventilation. He shall take personal supervision of all heating, ventilation, 
plumbing and drainage of all school, library and other buildings owned or 
used by the board of school commissioners either in use, or in the course of 
erection or to be hereafter erected by the board. He shall see that each jani- 
tor, custodian or engineer or other person employed in like capacity in or 
about such buildings shall be properly instructed in the care of such boilers, 
furnaces, pipes, electric wires, ventilators and other similar things as may 
fall under their charge. He shall appoint and discharge all engineers, janitors 
or other persons employed in or about such buildings subject to the limitations 
of this act stated and not otherwise provided for. He shall report monthly, 
annually and oftener if required by the board concerning the things under 
supervision of his office. He shall receive a salary not to exceed $2,000 per 
annum to be fixed by the board of school commissioners. All other employes 
of the school board shall be appointed by the business director subject to 
the limitations of this act stated. He shall report to the board monthly, 
annually, or oftener as required by the board concerning the things under the 
supervision of his oifice. He shall attend all meetings of the board and may 
take part in the deliberations subject to the rules but shall not vote. A ma- 
jority of the entire board sjiall be necessary to elect or remove any officer 
elected by the board of school commissioners as herein provided, and the 
officer so removed shall not be eUgible for re-election in any capacity for two 
years. The superintendent of schools, the business director, the secretary, 
the librarian and the superintendent of buildings and grounds shall take 
oaths similar to the oath herein prescribed for school commissioners in so far 
as is applicable, before taking office. (§6524. As amended 1911, p. 528.) 

297. Appointment or Discharge — Reports. 11. All appointments or 
discharges of, assistant superintendents, principals, supervisors, teachers, 
librarians, janitors, or any other employe of the school board shaU be reported 
at the meeting of the board next succeeding the date of such discharge by 
the officer making such discharge and shall be subject to the approval of a 
majority of the board. In ease any employe of the board shall file in writing 
a request with the secretary for a hearing by the board of charges brought 
against hiin by any officer or employe or other person, opportunity shall be 
given for appeal to the board before final action is taken, provided such appli- 
cation for appeal is presented at the same meeting that notice of charges or 
dismissal has been made. In such case the board shall consider the appeal 
not later than the next regular meeting at which notice of appeal was filed. 
Any such discharge shall operate as a suspension only, until approved by the 
board. (§6525. As amended 1911, p. 528.) 

298. Schools — Business Director — Bond. 12. The business director 
shall devote his entire time to the duties of his office, and shall receive an 
annual salary of not more than four thousand doUars, to be fixed by the 
board, which salary shall be paid monthly, in equal instalments, out of the 
special fund of the school city; all persons in the employ of the board, except 
as otherwise provided by law, shall perform their respective duties under the 
general supervision of the business director, but subject to the orders of the 



168 SCHOOL LAWS OF INDIANA 

V 

board. Before assuming office, the business director shall give a bond in favor 
of the school city in a penalty of ten thousand dollars ($10,000) to the ap- 
proval of the board conditioned for the faithful discharge of his official duties, 
with two or more sureties, or a surety company. Any premium payable to 
a surety company on the bond of the business director or of any other officer 
or employe of the board, shall be paid from the funds of the school city. 
(As amended Acts 1917, p. 331) 

299. Auditor of School Board. 13. The city comptroller shall be the 
auditor of the board of school commissioners of such school city. He shall 
keep an accurate account of all taxes levied for school purposes, and of all 
moneys due to, received and distributed by the board; also of all assets 
and liabilities of, and all appropriations made by the school board, and shall 
receive and preserve all vouchers for payments and disbursements made by 
the board. (§6527.) 

300. Warrants. 14. The auditor of the board shall issue all warrants 
for the payment of money from the school funds, but no warrant shall be 
issued for the payment of any claim until such claim has been allowed by the 
board and approved in writing by the business director; but when the board 
has authorized the payment of money, notwithstanding his veto, the business 
director shall approve the same. The pay-roll, however, for assistants, prin- 
cipals and supervisors in the school work and teachers, shall be allowed by 
the board and approved by the superintendent of schools instead of by the 
director. (§6528.) 

301. Evidence of Indebtedness. 15. Whenever the auditor of said 
board shall be called upon to issue any warrant, he shall have power to re- 
quire evidence that the amount claimed is justly due and is in conformity 
with the law, and for that piu'pose he may summon before him any officer, 
agent or employe of the board, or any other person, and examine him on 
oath or affirmation relative thereto, which oath or affirmation he may 
administer. (§6529.) 

302. Illegal Warrant — Liability. 16. If the auditor of said board 
shall draw a warrant for any claim contrary to law, he and his sureties shall 
be indi\adually liable for the amount of the same. (§6530.) 

303. Appropriation Necessary. 17. No money shall be drawn from 
the treasury except in pursuance of appropriations made by the board upon 
an aye and nay vote duly recorded, and whenever an appropriation is made 
by the board the secretary shall forthwith give notice thereof to the auditor 
and treasurer. No appropriation shall be made for a longer period than to 
the end of the current year ending June 30, and at the end of such year all 
the unexpended balances of all appropriations, except from the tuition fund, 
shall be covered into the special school fund as an addition thereto. (§6531.) 

304. Auditor's Report — Bond — Pay. 18. The auditor shall submit 
to the commissioners annually, and oftener if required by them, a report of 
the accounts of the board, verified by bis oath, exhibiting the revenues, re- 
ceipts, disbursements, assets and liabilities, the sources from which the reven- 
ues and funds are derived, and in what manner the same have been disbursed. 



SCHOOL LAWS OF INDIANA 169 

He shall give bond for the faithful discharge of his duties in the su"m of five 
thousand dollars ($5,000), with not fewer than two sureties, or a surety com- 
pany, to the approval of the commissioners, which bond shall be filed with 
the secretary. The auditor of the said board shall receive no compensation 
for his services as auditor, but the board shaU provide for the appointment 
of such assistants for such auditor as it shall deem necessary and fix their 
compensation, which shall be paid monthly out of the school funds; but such 
assistants shall be appointed by the auditor. The time of such assistant 
or assistants shall be at the command of the board to render such services in 
addition to those already prescribed by law as the board shall require. ( §6532. 
As amended 1905, p. 155.) 

305. Accountants. 19. At the close of each year ending June 30, 
the mayor of such city shaU appoint one or more expert accountants, who 
shall examine the books, accounts and vouchers of the director, the treasm-er 
and of all other departments of expenditure of said board and of the librarian 
provided for herein, and shall make report thereof to the mayor and to the 
board of school commissioners of said city. All the officers and employes of 
said board shall produce and submit to such accountants for examination 
all books, papers, documents, vouchers and accounts in their offices belonging 
to the same or thereto pertaining, and shaU in every way assist said accoun- 
tants in their work. In the report to be made by said accountants, they 
may make any recommendations they deem proper as to the business meth- 
ods of such officers and employes. A reasonable compensation for such ser- 
vices shall be paid by said board. (§6533.) 

306. Payments to Treasurer. 20. All money payable to the board 
shall be paid to the treasurer and his receipt for the same shall be filed with 
the auditor of said board, who shall issue his quietus therefor, which alone 
shall be sufficient evidence of such payment. No person except the treasurer 
shall collect or receive any moneys payable to the board and any payments 
made, except to such treasurer, and any receipt given therefor by any other 
person shall be void as against the board. (§6534.) 

307. Contracts, Appropriation for Necessary. 21. No contract, 
agreement or obligation shall be binding upon the board unless an appropria- 
tion therefor shall have been first made by it. It shall be unlawful for any 
commissioner or officer chosen by the board of school commissioners in any 
manner, directly or indirectly, to profit by or be interested in any contract 
of said board, and any person convicted of a violation of this section shall 
be fined in any sum not less than one hundred nor more than one thousand 
dollars and expelled from office. (§6535.) 

308. Contracts to be in Writing — Supplies. 22. All contracts 
involving more than two hundred dollars ($200.00) in amount shall be in 
writing, executed in the name of the school city, by the business director and 
approved by the board. When money therefor has been appropriated by the 
commissioners, the business director may make contracts and purchases not 
exceeding two hundred dollars ($200.00) in amount at any one time, but all 
such contracts shall be reported at its next regular meeting to the board, 
and if disapproved by a four-fifths vote of said board at its succeeding regular 



170 SCHOOL LAWS OF INDIANA 

meeting, such director shall be responsible therefor upon his bond. No piu"- 
chase of supplies or of materials of any kind shall be made from any one per- 
son, firm or corporation in any year to the amount in the aggregate of more 
than two hundred dollars ($200), except upon bids duly advertised for and 
accepted. The board shall determine the mode and manner of advertising 
for bids for supplies. ( §6536.) 

309. Bids for Schoolhouse. 23. When the board determines to bmld 
or enlarge a schoolhouse, or make any improvements or repairs thereon, the 
cost of which shall exceed five hundred dollars ($500), the business director, 
shall advertise weekly for bids for a period of three weeks, beginning at least 
twenty-one days before the opening of the bids. The advertisement shall' be 
inserted in two newspapers of general circulation in the city, and shall be en- 
tered in full in the records of the board. The bids duly sealed shall be pre- 
sented to the board at the time fixed in the advertisement for bids, at which 
time the board shall meet, and none shall be received after that hour, and they 
shall immediately be opened by the business director, be publicly read by the 
secretary and be immediately thereafter entered in full in the records of the 
board. The board shall provide by general rules the conditions of all bids, 
but none but the lowest responsible bids shall ever be accepted. The business 
director may, at his discretion, reject all bids, and whenever there is any rea- 
son to suspect collusion, the bids of all concerned therein shall be rejected. 
If the amount of the expenditure does not exceed two thousand five hundred 
dollars ($2,500) two weeks' notice shall be sufficient. (§6537. As amended 
1905, p. 155.) 

310. Funding Indebtedness. 24. The board of school commissioners 
of any such city in which an indebtedness exists at the time of the passage of 
this act of eight himdred thousand dollars ($800,000) or more, is hereby 
authorized and empowered to fund such indebtedness to the extent of eight 
hundred thousand dollars, and for that purpose said board of school commis- 
sioners is hereby authorized and empowered to issue and sell its bonds in such 
sums and denominations as such board may deem advisable, to reahze moneys 
with which to pay such existing indebtedness; sach bonds to bear interest at 
not exceeding tiie rate of four per cent per annum, payable semi-annually, 
to be sold for not less than their par value, and to run for a term of not ex- 
ceeding thirty years from January 1, 1902. The maturing of such bonds 
shall be so arranged that there shall mat'xre in each of the ten years, com- 
mencing with the year 1902, at least the sum of twenty-five thousand dollars, 
and in each of the next ten years the sum of thirty thousand dollars, and in 
each of the next ten years the sum of thirty-five thousand dollars of the prin- 
cipal of the debt of said school cort oration, including in such debt not only 
such bonded indebtedness, but also any other indebtedness of sach school 
corporation which may be in existence when this act is passed. Such bonds 
may be issued from time to time as the maturity of the present indebtedness 
may require: Provided, That not more than eight hundred thousand dollars 
of sach bonds in the aggregate shall be issued, or, if the board of school com- 
missioners shall so determine, such bonds may all be sold at one time with 
the contract upon the part of the purchasers to furnish at stated future times 
so much of the proceeds thereof as may be desired to take up obHgations not 
then due. No bonds shall be delivered until the money therefor is paid to 



SCHOOL LAWS OF INDIANA 171 

the treasurer of said school corporation, and interest shall not begin to accrue 
until such dehvery. The board of school commissioners, shall preraratorj?^ 
to offering such bonds for sale, give notice for not less than four weeks prior to 
the date fixed for such sale, together with a description of such bonds and 
such offer, and invite bids therefor; such notice to be given by advertisement 
twice each week in at least one daily newspaper published in the city of In- 
dianapolis and in one newspaper published in the city of New York, and by 
such other advertisements as the board may determine upon. Such board 
shall sell soch bonds to the highest and best bidder: Provided, Said board 
shall have the right to reject any and all bids. The proceeds arising from the 
sale of such bonds shall be used for no other purpose than the payment of such 
present indebtedness, and no more bonds shall be issued than is necessary 
for that purpose. (§6538.) 

311. Tax Levy. 25. The board of school commissioners in any such 
city is hereby authorized and empowered to levy annually, in addition to 
other taxes authorized by law, a special tax of not exceeding five cents on 
each one hundred dollars of taxable property in the city for the purchase 
of real estate and the erection and improvement of school buildings. The 
proceeds of such tax shall be segregated from other funds of the board, and 
a separate account of the same shall be kept, and shall not be used for any 
other purpose than the purchase of real estate and the erection and improve- 
ment of buildings for school uses. The said board is hereby authorized to 
levy annually, in addition to all other taxes aathorized by law, ajjid as an 
addition to its special fund, twenty-seven cents on each one hundred dollars 
of taxable property in the city, which levy shall within su3h hmit be large 
enough to insure the payment of all interest to accrue on the real estate and 
improvement bonds to be issued under the provisions of the said act, to 
which this is an amendment and to keep school property in repair. Out of 
the last above levy by this section authorized provision shall be made for 
the payment in cash from year to year and the final retirement of such matur- 
ing indebtedness and the payment of such interest charges as are not payable 
out of other funds of such board and are not properly chargeable to any such 
other fund: Provided, That the aggregate sum levied by such board for all 
purposes shall not exceed in any one year sixty-seven cents on each one hjn- 
dred dollars ot taxable property in said city, and said sum of sixty- seven 
cents shall include all sums to be levied by said board in pursuance of any 
other existing law on account of free kindergartens, compulsory education, 
or any other purpose. (§6539. As amended liJ07, p. 257.) 

312. School Law in Force. 26. The general school laws of this state 
and all laws and parts of laws applicable to the general system of common 
schools in such school city and not inconsistent herewith, shall be in full 
force and effect in such city. (§6540.) 

313. Old School Board. 27. The existing board of school commis- 
sioners in any city coming within this act shall continue in office until January 
first, 1900, and any such existing board shall until then, exercise all the 
powers which it now possesses under the legal limitations now existing, and 
in addition thereto it shall have power to make the additional levies herein 
authorized and to issue bonds as herein provided. When the board herein 



172 SCHOOL LAWS OF INDIANA 

provided for shall have been elected and qralified, the possession, control 
and management of all property, real and personal, including all moneys, 
books, records, papers and documents, and all r'ghts and claims of every 
kind and nature then held by the board of school commissioners of such city, 
or by other school authorities, shall vest in and be transferred to the board of 
school commissioners hereby created withoat other transfer, to the same 
extent and with as fuU interest as the same had been theretofore held by the 
existing board of school commissioners or other school authorities; and all 
valid indebtedness and obligations of the existing board of school commis- 
sioners, or of such school city, shall be paid by the resj ective boards of school 
commissioners hereby created, and said boards of school commissioners are 
hereby authorized to maintain and defend all suits in the name of the school 
city for whi h they may be elected. (§6541.) 

314. Limit of Debt. 28. The said board of school commissioners shall 
not have the power to create any debt other t^an funding obligations, and 
the real estate and improvement bonds provided for by this act and by the 
other sections of the ai-t whif'h it amends, in excess of the sum of twenty-five 
thousand dollars in the aggregate, save as provided in section 29 of the act 
which this act amends and ex -ept that it shall be liable upon its lawful con- 
tracts for the ordinary current expenses of its schools and Ubrary to the per- 
sons rendering services and furnishing materials therefor, when contracts 
are entered into as herein provided in accordan'ie with the law, bot said 
board shsdil not have any power to borrow money to pay such obligations so 
as to create a debt in excess of said twenty-five thousand dollars to others 
than to such persons so rendering seivices or farnisliing materials, and any 
contract or obhgation that may be issued in contravention of the provisions 
of this section sl>all be void. Obligations to persons rendering services or 
furnishing materials to said board of school commissioners in the current 
conduct of such schools and library will not be considered as a part of the 
twenty-five tJjousand dollars of indebtedntss above authorized. (§6542, 
as amended 1903, p. 45.) 

[Acts 1913, p. 318.] 

315. Schools — Cities First Class — Right to Issue Bonds. 1. That 
the common school corporation in each city of this state of one hundred thou- 
sand, or more, inhabitants, according to the last preceding United States 
censts, shall in addition to all other powers granted it by law, have (;ower 
to borrow money and ist^ue its bonds therefor as he einafter provided, viz: 
Each such common school corporation is hereby authorized and em^-'owered 
to issue and sell its bonds, in such amounts and denominations as the board 
of school commissioners thereof may deem advisable, but not a face amount 
in the aggregate in excess of five hundred thousand dollars ($500,000) prin- 
cipal, for the purpose of realizing money to be used in raying for the con- 
struction of a Ubrary building, or hbrary buildings, for a main library or 
branch libraries, or both, and in paying for the equipping of such building 
or buildings and for the improvement of the grounds surrounding such 
buildings. Such bonds sl^all be known as "library building bonds," and they 
snail bear interest at a rate not exceeding four and one-half (4 1-2) per cent 
per annum, and the interest shall be paid semi-annually. Such bonds shall 



SCHOOL LAWS OF INDIANA 173 

be sold by the school city issuing them at not below par and shall mature 
not more than forty (40) years from their date. They may be issued all at 
one time or from time to time, but in no event in an aggregate principal sum 
of more than five hundred thousand doUars ($500,000). No bond issued 
under the authority of this a-'t shall be delivered until the money therefor 
shall have been paid to the treasurer of the school nty issuing it and interest 
thereon shall begin to acirue at the time of such delivery. Preparatory to 
offering any such bonds for sale by any such school city, its board of school 
commissioners shall give notice for not less than three weeks of the date 
fixed for the sale and in the notice give a brief description of the bonds and 
of the mode of bidding, and inviting bids. Such noti'je shall be by advertise- 
ment, one time each week for three successive weeks, in one newspaper pub- 
lished in the city wherein the sci.ool corporation is located and in one news- 
paper published in the ■•ity of New York, and by suoh other method of ad- 
vertising, if any, as the board of school commissioners may prescribe. The 
said board shall sell the bonds to the highest and best bidder, reserving, 
however, in its advertisements and notices, the right to reject any and all 
bids. The proceeds arising from aU sales of bonds, made in pursi>anee of 
this act, shall be kept in a separate fund and to be known as the "library 
building fund" and be used only for the puri^ oses, or for some one or more of 
the purposes, hereinbefore referred to as objects for which such bonds are 
authorized to be issued. ( §6548.) 

316. Purchase of Grounds and Buildings. 29. Said board of school 
commissfoners may, no twiti. standing the oro visions of the above section 28 
in the manner authorized by law, make contracts for the pureliase of ground 
for school buildings and for the erection of new school buildings, and give 
its obligations therefor or for the money to pay for the same: Provided, 
That the amount of such obligations outstanding at any time shall not exceed 
five cents on the one hundred dollars of all the taxable property of said city 
as ascertained by the last '.receding assessment, and any such contract or 
obhgation which would cause the aggregate of the outstanding obligations 
or contracts for such purpose to exceed the Umits above si ecified, shall as 
to such excess be void. In estimating the amount of su3h obligations, those 
obligations which shall be in for -e at the time this law shall go into effect, 
or the funding renewals thereof, shall not be taken into consideration. ( §6543.) 

317. Eminent Domain, may Exercise. 30. In ease the compensation 
to be paid for the purchase of any real estate required by said board for its 
said school city can not be agreed upon or determined between said board of 
school commissioners and the parties interested in the land desired for school 
sites, then the board of school commissioners shall have the power of eminent 
domain, and it shall be its duty to proceed to have such compensation deter- 
mined, and acquire title thereto in the manner provided for by §§4517, 4518 
and 4519 of Burns' Rev. Stat, of 1881. (§6544.) 

318. Removal of Commissioner. 31. Any member of the board of 
school commissioners may be removed upon petition of ten residents of said 
city to the superior or circuit court of said county in which said city is lo-^ated, 
upon proof of either official misconduct in office or negligence of official duties. 
Of of conduct in any manner connected^with his offi'^-ial duties,' or otherwise 
whivjh attaches discredit to such office or the school system, or for mental 



174 SCHOOL LAWS OF INDIANA 

or physical inability to perform his duty as such member, but before such re- 
moval he shall receive five days' notice of the filing of such charges, together 
with a copy thereof. Such hearing shall be had promptly and without the 
formation of any issues thereon, but said charges shall be regarded as 
denied. (§6545.) 

319. Levy to Pay Debts. 32. It shall be the duty of said board of 
school commissioners at -the regular time for making the levy of taxes to make 
a special levy of an amount suffi/iient to reaUze the sum by this act required 
to be paid upon the principal of its indebtedness during the ensuing year, and 
the proceeds of such levy shall be applied to no other purpose than the pay- 
ment of such indebtedness. This levy shall be made as a part of the levy now 
authorized by law, and this section shall not permit the levy of any additional 
tax over and above those which said board would otherwise be authorized to 
levy. (§6546.) 

320. Subsequent Censuses. 33. Whenever any city which has not 
now sufii(?ient population to bring it within the purview of this act shall, 
according to any United States census hereafter taken, have a population of 
more than one hundred thousand people, an election of the board of school 
commissioners shall be held at the next general city election following the 
year in which such census shall be taken. Sach election to be held in accord- 
ance with the provisions of this act, and this act shall tben in all respects 
apply to and govern such city from thenceforward. ( §6547.) 

[Acts 1891, p. 348. Approved March 7, 1891.] 

321. Manual Training Schools. I. In all dties of the State of In- 
diana having a population of one hundred thousand or over, as shown by 
any census taken, by lawful authority, it shall be lawful for the board of school 
commissioners, or other school authorities having charge and management 
of the common schools of said city, to estabUsh in connection with and as 
part of the system of common schools therein, a system of industrial or manual 
training and education, wherein shall be taught the practical use of tools and 
mechanical implements, the elementary principles of mechanical construction 
and mechanical drawing. ( §6550.) 

322. Teachers and Instruction. ?. Such board of school commis- 
sioners, or other school authorities, upon establishing such system of manual 
or industrial training and education, shall employ competent instruction in 
the various subjects to be taught, and establish such general rales and regula- 
tions for the admission ot pupils and the conduct of the schools wherein the 
same shall be taught as in their judgment will produce the best results, and 
give instruction to the largest number of pupils practicable. They may 
provide for such instruction in separate rooms, or separate buildings, as in 
their judgment may be most advantageous. (§6551.) 

323. Tax to Support Schools- 3. Any such board of school commis- 
sioners or other school authorities, having decided to establish su'^h system 
of industrial or manual training, shall have authority, in addition to all other 
taxes now authorized to be levied, to levy a tax of not exceeding five cents 
on each one hundred dollars of property liable for taxation for school purposes, 
to be levied and collected as other taxes for school purposes are levied and 



SCHOOL LAWS OF INDIANA 175 

collected, fo the purpose of purchasing grounds and erecting buildings, or 
for renting buildings wherein such instruction shall be given, the purchase of 
all necessary tools, implements and apparatus, and for the payment of in- 
structors and other expenses incident to the maintenan:e thereof: Provided, 
That no portion of the taxes so levied and coUe-'ted shall be applied to any 
other purpose. (§6552.) 

[Acts 1909, p. 91. Approved March 1, 1909.] 
Note. Section 1 legalizes proceedings under acts prior to the Act of 1899. 

324. Taxes — Powers as to Levy 2. Each board of school commis- 
sioners in each city of more than one hundred thousand inhabitants, as 
designated in section one of his act, shall have, as respects the levy of taxes 
by it, the following powers: 

To levy annually the following amounts on each one hundred dollars ol 
all taxable property within the civil city in which such school city is located, 
viz.: I 

A sum not exceeding four (4) cents, the proceeds oi which levy shall be 
known as the "Library Fund," which fand shall be ased for establishing, 
maintaining and supporting free libraries in connection with the common 
schools of such school city, and in paying any valid liabilities of said school 
city, incurred for any or all of said library purposes, but no part of said fund 
shall be diverted from library uses; and anless said board of school commis- 
sioners shall have otherwise provided, in any year, funds to meet the princdpal 
and interest as they mature of any "library building bonds," issued in pur- 
suance of said Act of February 26, 1891 (Session Laws of 1891, page 35), 
whose title is quoted in the preamble of the [this] a<jt, or to the extent the 
said board shall have failed so otherwise to provide finds, the payment 
of said principal and interest shall be a first charge on the riroceeds of suyh 
library tax, and the duty of the said board to annually levy so much of said 
foiu- (4) cents as shall be so found necessary for that purpose is hereby made 
mandatory : 

A sum not exceeding five (5) oents, the proceeds of which shall be known 
as the "manual training fund," which fund shall be used for establishing, 
maintaining and supporting manual training or vocational schools, or both, 
or manaal training or vocational instru;^tion, or both, in the schools or high 
schools of such school city to the extent, and in such of said schools 
as may be deemed wise, and shall be used in paying any valid lawful 
liabihties of said school city incurred for any or all of said purposes, but no 
part of said fund shall be diverted from such uses; and unless said board of 
school commissioners shall have otherwise, in any year, provided funds to 
meet the principal and interest, as they mature, of any bonds or obligations 
of said school city executed and issued under color of law, for the purchase of 
grounds or the erection of buildings in establishing or parrying on manual 
training, or to the extent said board shall Have failed so otherwise to provide 
such funds, the payment of such principal and interest shall be a first charge 
on the i;roceeds of such manual training tax, and the duty of the board 
annually to levy so mi.eh of said five (5) cents as shall be so found necessary 
for that purpose is hereby made mandatory: 



176 SCHOOL LAWS OF INDIANA 

A sum not exceeding one (1) cent, the proceeds of which, levy shall be known 
as the "kindergarten fund," which tax shall be levied and the proceeds thereof 
appUed only as provided by the statute of the State of Indiana, approved 
March 6, 1901 (Session Laws of 1901, page 123), authorizing the levy of such 
tax and providing for the application of the proceeds thereof : 

A sum not exceeding five (5) cents, the proceeds of which shall be known 
as the "building and grounds fund," which fund shaU be used for the purchase 
of grovmds and the erection, alteration and re j air of buildings for the use of 
the school city in carrying on any part or parts of its lawtul school and Ubrary 
work: 

A sum not exceeding one (1) cent, the proceeds of which shaU be known 
as the "teachers' pension fund," and which shall be credited by the treasurer 
of said school city to the trustees of the teachers' pension tund and shall be 
used only for the purposes expressed in the statute of this state, approved 
March 9, 1907 (Session Laws of 1907, page 268), concerning pensions for 
aged, infirm, disabled, diseased, or retired teachers, in such cities of one hund- 
dred thousand or more inhabitants. And the duty of said board of school 
commissioners to levy annually said tax in the sum of one (1) cent on each 
one hundred dollars of such taxables is hereby made mandatory: 

A sum not exceeding fifty-one (51) cents, the proceeds of which shall be 
known as the "special fund," from which fund shall be appropriated by the 
said board annually or oftener if need be, a sum safficient to meet all interest 
charges and instalments of principal, as they mat'ire of all of the debts, 
liabihties and obhgations of the said school city for whatsoever purpose con- 
tracted to the extent su-^K interest and principal, so maturing, have not been 
provided for by said board by appropriations from the other funds under 
its control, as above mentioned, which principal and interest so maturing, 
so to be provided for out of said special fund, shaU be a first charge upon said 
fund; and said board is hereby authorized to appropriate and use the re- 
mainder of said fund for any common s'^hool. Ubrary or other purpose or 
work, lawfully within the control or management of said board of school 
commissioners . 

The aggregate sum levied by any such board of school commissioners in 
any one year shall not exceed sixty-seven (67) cents on each one hundred 
dollars of taxable property in said city; the taxes authorized by this section 
two to be levied by any board of [school] commissioners shaU be the only 
taxes it may levy, and from the proceeds of said fifty-one (51) cent tax or 
from such part thereof as any said board may levy, said board shaU provide 
for carrying out in said city the so-caUed "compulsory education" statutes 
without a separate levy for that purpose. (§6539a.) 

325. Bonds — -Building and Grounds Fund. 3. If any such schoo 
city, as is designated in section one of this act, shaU find, and its board of 
school commissioners, by resolution duly adopted and spread upon its minutes, 
shall declare that said levy of five (5) cents to produce a "building and grounds 
fund," as mentioned in section two of this act, was duly made by it in the 
preceding year, but that the proceeds thereof, to become payable and to be 
collected for the use of said school city during the calendar year in which 
such resolution shaU be adopted, will be insufficient to meet the necessary 
expenditures, during the said last named calendar year, of said school city 



SCHOOL^^LAWS OF INDIANA 177 

for the purchase of grounds, and the erection, alteration and repair of build- 
ings, as mentioned in section two of this act, where the power to levy said 
five (5) cents is given, and shall declare the estimated amount of the proceeds 
of said levy so to be received during that year and shall de''lare the amount 
of such deficit, then and in such event it shall be lawf nl for said school city to 
borrow money and issae the bonds of said school city to the amount of such 
deficit, but not in prinicpal greater than the sum of seventy-five tJbousand 
dollars in any one year. Such bonds shall be known as "school real estate and 
improvement bonds." They shall bear interest at a rate not exceeding (our 
(4) per cent per annum, interest payable semi-anni^ally shall be sold at not 
less than par and shall mature, as nearly as may be, at the rate of fifty thous- 
and (S50,000) dollars a year, commencing to mature on the first day of July, 
thirty years after [the] year in which they are issued. No bond so to be issued 
shall be delivered until the price therefor shall be paid to the treasurer of 
said school city, and no interest shall accrue thereon before such delivery. 
Sach bonds shall be payable to bearer and shall be of the general form usual 
in municipal bonds. Preparatory to offering such bonds for sale the board of 
school commissioners shall give notice for not less than three (3) weeks of 
the date fixed for the sale of such bonds with a description thereof and of pro- 
posals therefor and inviting bids therefor; such notice shall be given by ad- 
vertisement by one insertion in at least one newspaper published in the city 
of Indianapolis, and one insertion in at least one newspaper published in the 
city of New York, and such other advertisements as the board mav make. 
The board shaU sell the bonds to the highest and best bidder and shall reserve 
the right to reject any or all bids. The proceeds arising from such sale shall 
be used for no purpose other than the purchase of real estate and the erection 
of buildings and improvements and the alteration and repair of buildings 
and improvements upon real estate of such school city. If it should transpire 
that any part of such proceeds of sale has not been used during the calendar 
year in which such bonds were sold such unused part shall be held as a sepa- 
rate fund to be used in a subsequent year and to be used only lor such purposes. 
To the extent such a surplus shall exist the power hereby given to issue bonds 
shall be diminished by the amount of such surplus, so long as it shall remain 
unused. Any such school board which shall exercise the power given by this 
section three by issuing bonds shall not issue any other bonds of any kind 
during any calendar year in which it shall so issue bonds under the power given 
by this act. (§6548a.) 

[Acts 1911, p. 356.] 

326. Art Association Contract — Cities of First Class. 2. Whenever 
any board of school commissioners in any 'ity of the State of Indiana having 
a population of more than 100,000, according to the last preceding United 
States census, has heretofore, in good faith, paid into any art association of 
said city, any sum or sums of money, under the terms of any enactment of 
the general assembly then supposed to be vaUd, and which, after such pay- 
ment, has been held invaUd by the supreme court of Indiana, and such art 
association has rendered the services required by such enactment, all such 
payments are hereby vaUdated. ( §6549b.) 

8554 — 12 



178 SCHOOL LAWS OF INDIANA 

[Acts 1909, p. 91. Approved March 1, 1909.] 

327. Powers of School Commissioners. 5. The board of school 

commissioners in each sucq city, as is designated in section one of this act, 
shall have all the powers and duties of such boards as are conferred by exist- 
ing statutes which are consistent with tbe provisions of sections one to four, 
both inclusive, of this act and shall have power: To establish, own and con- 
duet, in connection with the common school system of its school city, free 
public Ubraries and branches thereof and to own and acquire real estate for 
such hbraries and branches in all of the ways provided by law for the acquisi- 
tion by it and owning of real estate for school purposes: To examine, by its 
superintendent, or by a person selected by him, aU persons applying for 
positions as teachers in its schools and to issue to such of them as may be 
found to be quahfied a license to teach in the common schools of said city: 
To acquire by purchase, devise, gift or lease, or by condemnation, grounds; 
construct or lease buildings for school, library and school administration and 
office purposes; employ and pay superintendents, teachers, librarians and all 
other employes needed in any branch of the work committed to said board 
of school commissioners and to disburse, according to law, all moneys of said 
school city for all lawful school, library and other school city piu-poses: 
To have and exercise in such school city full and exclusive authority con- 
cerning the conduct and management of all common schools and public 
libraries, carried on in connection with such schools, including the estabhshing 
and enforcing of all regulations for the grading of, and of courses of instruc- 
tion in, all of said schools and for the government and disciphne of such schools: 

To maintain night schools during regular school terms and it may admit 
thereto adults and children over fourteen years of age; and to maintain 
playgrounds and vacati on schools . ( §6547a . ) 

328. Repeal. 6. All provisions of the general school laws of the state 
which are inconsistent with the provisions of this statute or ynth the statute 
of this state of March 4, 1899 (Session Laws of 1899, page 434), concerning 
common schools in cities of more than one hundred thousand population, or 
witli any statute amendatory of that act or supplemental thereto shall, upon 
the taking effect of this statute, to the extent they are so inconsistent, not be 
effective in respect of the common schools in cities such as are designated in 
section one of this act. 

[Acts 1915, p. 41.] 

329. Art Associations — School Board — Payments to IMaintain. 

1. That in any city having more than one hundred thousand inhabitants 
according to the last preceding United States census wherein there now is or 
hereafter shall be an art association which is incorporated under the laws of 
tbe State of Indiana without sto-^k and without purpose of gain to its mem- 
bers, but organized for the purpose of maintaining a permanent art gallery 
in said city and encouraging and promoting education in tbe fine and indus- 
trial arts and which owns buildings, grounds, works of art and other proper 
equipment for the study of art in said city, it shall be the duty of the school 
city of such city and of the board of school commissioners of such city, if 
any, to pay such art association annually in quarterly installments a sum 
equal to one-quarter of one cent on each one hundred doUars of the taxables 



SCHOOL LAWS OF INDIANA 179 

of said city as valued on the tax duplicate for the year next before the date 
of each such payment: Provided, Such art association has, by proper resolu- 
tion, adopted by its board of directors or other governing body, accepted 
all the provisions of this act and filed a certified copy of such resolution with 
said school city or board of school commissioners of said city prior to the 
date of any such payment. 

330. School Officers^ — Board of Visitors. 2. No such art association 
shall be entitled to receive any of the payments so hereinabove provided for 
until it, by a proper resolution adopted by its board of directors or other 
governing body, shall have tendered to said school city, or board of school 
commissioners (1) the right to appoint the superintendent of the common 
schools of said school city and the director of art instruction of said school 
city, if any suih there be, as visitors having the privilege of attending all 
meetings of the board of directors or other governing body of said art associa- 
tion to the end that they may be advised as to the work done and pro])Osed to 
be done by said association; (2) the right to nominate for membership in 
such board of directors or other governing body persons of whom at least 
two shall be elected; (3) the right of free admission ror all school children 
and teachers of said school city to its museum and galleries and to not fewer 
than fifty lectures annually on the fine and applied arts; (4) the right to use 
at aU reasonable times and in all reasonable ways the association's plant, 
equipment and facilities for education in art, consistently with their use by 
such association and in conne^'tion therewith the right to use at all reasonable 
times and in all reasonable ways, under the association's direction, its execu- 
tive and teaching staffs consistently with their established duties to the asso- 
ciation; (5) normal instruction in the fine and applied arts which at half the 
regular rates charged by said association cor like instruction may be availed 
of by all teachers under the iurisdietion and employment of said school citv 
or board of school commissioners ; (6) the loan to such school city or board 
of school commissioners from the association'' s collection and equipment of 
suitable and available works of art, reproductions and photographs for 
temporary exhibitions in the city's schools to aid and supplement the 
teaching in such schools; (7) and such exhibitions in its museum as will 
supplement and illustrate the work of the school children and teachers 
under the authority and jurisdiction of said school city or board of school 
commissioners. A copy of said resolution daly certified by the president 
and secretary of the said art association shall be filed in the office of the 
school city or of the board of school commissioners as a condition precedent 
to the receipt by the association of any such payments. 

331. Acceptance of Provisions. 3. That in any city such as is desig- 
nated in the first section of this act, wherein there now is or hereafter shall 
be an art association which is incorporated and organized in the manner 
and for the purpose stated in the first section of this act, and which owns 
buildings, grounds, works of art or other proper equipment for the study 
of art in said city, it shall be the duty of the said city to pay such art associa- 
tion annually in quarterly installments a sum equal to one quarter of one 
cent on each one hundred dollars of taxables of said city as valued on the 
tax duplicate of said city for the year next before the date of each such 
payment provided such art association has, by a proper resolution adopted 



180 SCHOOL LAWS OP INDIANA 

by its board of directors or other governing body, acepted all the provisions 
of this ao-t and filed a certified copy of said resolution with the comptroller 
of said city prior to the date of any such payment. 

332. Mayor and Comptroller — Attend Meetings. 4. No such art 
association shall be entitled to receive any of the payments provided for in 
section 3 until such art association by a proper resolution adopted by its 
board of directors or other governing body, shall have granted to the mayor 
and the comptroller of said -'ity the right to attend all the meetings of the 
board of directors or other governing body of said art asso -iation to the eud 
that the said -iity may at all times be advised as to the work done and pro- 
posed to be done by said art association and the right to nominate for mem- 
bership in such board of directors or other managing body persons of whom 
at least two shall be elected; and, as further consideration for the benefits 
to be received from said city by reason of sisch payments, shall have granted 
to all the inhabitants of said ■ itv the right to be admitted free to its museum 
and art galleries each Sat'u-day and Sunday during the usual hours. A copy 
of such resolution duly certified by the president and secretary of the art 
asso.iiation shall be filed with the comptroller of said city as a condition pre- 
cedent to the receipt by the association of any such payments. 

333. Resolution in Force. 5. Alter any such art association shall 
have once filed respectively with the school city or the board of school com- 
missioners and with the city comptroller the resolution hereinabove provided 
for, it shall not be required to renew the same from year to year but each 
such original resolution snaU continue and remain in force for the purposes 
named until by like resolution likewise certified and filed any such original 
resolution shall be revoked or rescinded. 

334. Agreement in Force. 6. So long as any such art association shall 
do and perform all and singular the things by it so agreed to be performed 
as considerations for the benefits to be received by it under this act, or shall 
continue to be able, willing and ready to perform the same, it shall be entitled 
to receive the said several payments herein provided for. 

335. One Association to Participate — How Chosen. 7. If at any 

time it shall transpire that in any citv such as is designated in the first section 
of this act more than one art association such as is designated in that section 
shall have quahfied as hereinbefore required to perform the several public 
services in this act mentioned nevertheless the moneys in this act authorized 
and directed to be paid by said city and by said school city shall be paid to 
but one of such associations. In such event the particular association to which 
said moneys shall be paid shall be the one selected by both the mayor of said 
city and by the managing body of said school city by formal corporate action, 
as the association best qualified and equipped to perform and render said 
several public services. Nothing in this act shall be ^-ionstrued as limiting the 
power of the general assembly to repeal this act at any time. 

[Acts 1909, p. 292. Approved March 6, 1909.] 

336. Health Inspection. 1. In every city of this state having a popu- 
lation of more than one hundred thousand, according to the last United 



SCHOOL LAWS OF INDIANA 181 

States census, it shall be the duty of the board of public health and charities 
of such city, for the protection of public health, to make medical inspection, 
from time to time, oi all persons attending, or employed in or about all public, 
private and parochial schools in such city. For this purpose such board of 
health shall appoint, from time to time, competent physicians to make the 
inspections, and shall prescribe rules and regulations concerning tLe number 
and character of inspections and for the doing of the work and for reports 
to the said board of health concerning the' same. Said board of health shall 
have power to prohibit the presence in or about any such school of any pupil, 
teacher, other employe, or person whose health is such that his presence 
would be, in the board's opinion, injurious or dangerous either to the person 
himself or to others in attendance at such school, and such prohibition shall 
be effective until revoked by such board of health. Such board of health 
shall have power to appoint, from time to time, as its judgment may dir-tate 
district nurses with such visitorial powers as such board may prescribe, to 
the end that such board may be kept informed of the care and attention that 
is being received by persons which it shall have so excluded from the schools 
and may be kept informed of the progress of such oersons toward recovery. 
(§9549g.) 

337. Tax Levy for Health Inspector. 2. All expenses necessarily 
incurred in carrjdng out the provisions of this act shall be borne by such civil 
city. It is hereby made the duty of every such civil city annually, beginning 
in 1909, to levy the sum of one-half (1-2) cent on each one hundred dollars 
($100.00) of taxables within such city to create a fund, to be known as the 
"school health fund," for carrying out the provisions of this act. Such fund 
shall under no circumstances be used for any other purpose, but for the pur- 
pose aforesaid shall be subje'3t to the warrant of the proper city official 
without any further appropriation. The duty of making such levy shall be 
performed regardless of any Umit now existing by law in the tax-levying power 
of any such city. ( §9549h.) 

[Acts 1911, p. 96. Approved March 1, 1911.] 

338. Trade and Industrial Schools. 1. In all 'cities of the State of 
Indiana, having a po})alation of 200,000 or over, as shown by the last pre- 
ceding census of the United States, it shall be lawful whenever the school city 
in such city shall have af^q::ired title to and possession by gift or donation, 
of any real estate, building, and personal property situated in such city, 
which real estate, buildings, and personal projerty have heretofore been 
used for an industrial or trade school, for the edj cation of boys, in the trades 
of printing, lithography, machinists, moulding, typesetting, bri( Maying, 
tile setting, pattern making, and pharmacy, for the board of school com- 
missioners or other common school authorities of such school city, in addition 
to all other taxes now authorized to be levied, to levy annually a tax of three 
cents on each one hundred dollars of proi.^erty liable for taxation for school 
purposes in such city, to be levied and collef'ted as other taxes for school 
purposes are levied and colic ted, for the purpose of maintaining and operat- 
ing sui-h industrial or trade school, and departments thereof, for tea-hing 
sundry trades heretofore mentioned, and such other trades as may be decided 
ui. on by such ss.'hool authorities, and of performing any conditions incident to 



182 SCHOOL LAWS OF INDIANA 

the school city's a-'^quisition of the property: Provided, That no portion of 
the taxes so levied and collected shall be applied to or used for any other 
purpose. (§6549a.) 

339. Maintenance and Operation. 2. Such board of school commis- 
sioners or other common school authorities of such city, upon acquiring, by 
gift or donation, title to and possession of real estate, buildings and personal 
property heretofore used as an industrial or trade school, as mentioned in 
section 1 hereof shall maintain and operate such school and shall ernploy 
competent instructors in the various subjects to be taught; purchase- neces- 
sary tools, implements, supplies, and apparatus, and establish general rules 
and requirements for the admission of pupils, courses of instruction, and the 
conduct of such trade or industrial school as in their judgment will produce 
the best results and give instructions to the largest number of pupils practic- 
able, and such school city may also use the property so acquired for other 
school and library purposes, but in no way that will materially interfere 
with the conduct of trade or industrial schools or schools' thereon. (§6549b.) 

340. Transfer — Tuition. 3. The transfer tuition charge for each 
child, transferred from another common school corporation of this state, 
who shall take any trade or industrial instruction in any school upon the 
real estate so acquired, shall be the actual per capita cost of operating the 
school he attends, nothing being included in such cost for permanent improve- 
ments or additions, salaries of superintendents or for cost of apparatus or for 
breakages thereof. If a child not entitled to school privileges in said school 
shall, by said school city be permitted to take any trade or industrial instruc- 
tion in any school upon the real estate so acquired, the tuition charged such 
child shall not be greater than the per capita cost of operating the school he 
attends, nothing being included in such cost for permanent improvements 
and additions. (§6549c.) 

[Acts 1913, p. 99.] 

341. Public Playgrounds and Public Baths — ^How Established. 

1. That the board of health and charities in cities of the first class, in this 
state, and the board of health and charities or the board of school commis- 
sioners, or board of school trustees, in cities of the second, third, fourth and 
fifth classes, in this state, be and the same are hereby authorized to establish, 
maintain and equip public playgrounds, public baths and public comfort 
stations in said cities. That the boards of school commissioners and boards 
of school trustees or boards of health and charities in such cities are hereby 
authorized to use, and to permit the use of, any pubhc grounds or buildings 
under their control as in their judgment may be required, or adaptable, 
pursuant to the provisions and for the purpose designated in this act. And 
such boards are hereby authorized to lease or purchase grounds, additional 
to such public grounds, either adjacent thereto or elsewhere in such cities; 
and such boards are hereby empowered, pursuant to the laws of eminent 
domain now or hereafter in force within this state, to condemn real estate to 
be used for the purposes herein expressed and to pay for such real estate so 
condemned out of the revenue hereinafter provided for in this act. (§6555rl.) 



SCHOOL LAWS OF INDIANA 183 

342. How Controlled. 2. Such boards shall have full control and. cus- 
tody of all such playgrounds, baths and comfort stations, including the poUcing 
and preservations of order thereon, and may adopt suitable rules, regulations 
and by-laws for the control thereof, and the conduct of children and other 
persons while on and using the same, and may enforce the same by suitable pen- 
alties. Such boards shall appoint a commissioner of pubhc playgrounds, pubUc 
baths and public comfort stations, whose duty it shaU be to superintend 
and manage the work, to select directors and assistants, who while on duty, 
and for the purpose of preserving order and the observance of the rules, regu- 
lations and by-laws of the said boards shall have the powers and authorities 
of police officers of the respective cities in and for which they were severally 
appointed. The compensation for such employes shall be fixed by such boards. 
(§6555sl.) 

343. Expenses — How Paid. 3. All the expenses necessarily incurred 
in carrying out the provisions of this act shall be borne by such civil cities. 
The common councils of such cities of the first class shall and cities of the sec- 
ond, third, fourth and fifth classes may, annually, beginning in 1913, levy 
the sum of not less than one (1) cent nor more than two (2) cents on each 
hundred doUars ($100.00) of taxables within such cities to create the sum, to 
be known as the "recreation fund," to be expended by such boards in carrying 
out the provisions of this act. Such funds shall under jjo circumstances be 
used for any other purposes, but for the purposes aforesaid, shall be subject 
to the warrant of the proper city official without any further appropria- 
tion. (§6555tl.) 



184 SCHOOL LAWS OF INDIANA 



CHAPTER XVI. 
Schools in Cities of 63,000 to 69,000. 



Sec. 

344. Schools — Cities second class. 

345. Under control school boards. 

346. Expenses — How paid. 

347. Cities — Second class — Government 

of schools. 

348. School corporations — Separate from 

civil corporations. 



Sec. 

349. General school laws applicable. 

350. Qualifications of school board. 

351. How elected. 

351a. Applies to Other Cities — When. 

352. Pending Utigation — Present mem- 

bers. 



[Acts 1913, p. 281.] 

344. Schools — Cities Second Class. 1. That ^he board of school 
trustees in cities having not less than sixty- three thousand (63,000) nor more 
than sixty-nine thousand (69,000) population according to the last preceding 
United States census be and the same are hereby authorized to establish, 
maintain, and equip public playgrounds in such cities. That the board of 
park commissioners in such cities, are hereby authorized to permit the use 
of any public grounds under their control for playground purposes, and if 
in their judgment deemed necessary, may acquire and maintain suitable 
grounds specially for such purposes. (§6555ul.) 

345. Under Control School Boards. 2. Such school boards shall 
have full control and custody of all such playgrounds, including the policing 
and preservation of order thereof, and may adopt suitable rules, regulations 
and by-laws for the control thereof, and the conduct of the children and other 
persons while on or using the same, and may enforce the same by suitable 
penalties. Such school board shall appoint directors, teachers and assis- 
tants, whose duty it shall be to superintend and manage said playgrounds, 
and to preserve order and observance of rules, regulations and by-laws of 
said school board. The compensation for such employes herein shall be 
fixed bj^ said school boards. (§6555vl.) 

346. Expenses — How Paid. 3. All the expenses necessarily incurred 
in carrying out the provisions of this act shall be borne by the civil city. The 
common council of such city shall annually, beginning in 1913, levy the sum 
of not less than one cent nor more than two cents on each one hundred dol- 
lars ($100.00) of taxables Avithin said city to create the sum to be known as 
the "Playground Fund," and to be expended by such school board in the 
carrying out of the provisions of this act. Such funds shall under no cir- 
cumstances be used for any other purposes, but for the purpose aforesaid 
and shall be subject to the warrant of the school boards without any further 
appropriation. The duty of making such levy shaU be performed, regardless 
of any hmit now existing by law in the tax levying power of such city. 
(§6555wl.) 



SCHOOL LAWS OF INDIANA , 185 

(Acts 1913, p. 24.] 

347. Cities — Second Class — Government of Schools. 1. That 
the government of the common schools in cities having a population of more 
than sixty-three thousand inhabitants and less than sixty-nine thousand in- 
habitants, according to the last preceding United States census, shall be 
vested in a board of school trustees, which shall consist of three members, 
elected in the manner hereinafter provided. (§6504n.) 

348. School Corporations- — Separate from Civil Corporations. 

2. Such cities are hereby declared to be and are made school corporations 
for school purposes, separate and distinct from the civil corporations of the 
same cities, and shall be known and designated as the school city of (naming 
the city) ; and the several boards of school trustees of such cities shall repre- 
sent and be vested with all the authority and powers of school cities, and 
with the management and control of the common schools thereof. (§6504o.) 

349. General School Laws Applicable, 3. The general school laws 
of this state and aU laws and parts of laws, applicable to the general system 
of common schools in cities, and not inconsistent therewith, shall be in full 
force in such cities; and such boards of school trustees shall also have and 
exercise all the powers heretofore and hereafter conferred upon the school 
trustees of the same or other cities of the state. (§6504p.) 

350. Qualifications of School Board. 4. The members of such 
board of school trustees shall be at least twenty-five years of age, residents 
of the city, and shall have been such residents of the city for at least three 
years immediately preceding their election. They shall be ineligible to any 
elective or appointive office under such board of school trustees and under 
the government of such city while holding membership on said board. They 
shall not be interested in any contract with, or claim against the school 
city in which they are elected, either directly or indirectly: Provided, That 
this act shall not be construed to prevent anyone, otherwise eligible, who is 
connected as officer or stockholder in financial institutions holding school 
fund deposits under the state depository law from holding such office as school 
trustee. If at any time after the election of any member of said board, he 
shall become interested in any such contract with, or claim against said school 
city, he shall thereupon be disqualified to continue as a member of said board, 
and a vacancy shall thereby be created. Every member of said board shall, 
before assuming the duties of his office, take an oath before some one quaU- 
fled to administer oaths that he possesses all the qualifications required by 
this act, that he will honestly and faithfully discharge the duties of his office, 
that he will not while serving as a member of such board, become interested 
directly or indirectly, in any contract with, or claim against said school city, 
and that he will not be influenced dm-ing his term of office, by any considera- 
tion of politics or religion, or anything except that of merit and fitness in the 
appointment of officers and the engagement of employes. Each member 
of such board of school trustees shall receive for his services herein such com- 
pensation as the common council of the city shall fix, which compensation 
shaU be paid out of the special school revenue of the city. (§6504q.) 



186 . SCHOOL LAWS OF INDIANA 

351. How Elected. 5. The said board of school trustees shall be 
elected as follows: The common council of each city coming under the 
provisions of this act shaU annually hereafter, at a regular meeting of such 
common council in the month of June, elect one school trustee, who shall 
hold office for a term of three years, from the first day of the next succeeding 
August. Such trustee together with those whose terms of oiHce have not 
expired shall meet within five days after the first day of August, 1913, and 
annually thereafter, and organize by electing one of their number president, 
one secretary, and one treasurer. The treasurer, before entering upon the 
duties of his office, shall execute a bond to the acceptance of the county audi- 
tor, in the sum of fifty thousand dollars, conditioned as an ordinary official 
bond, with a reliable surety company or at least two sufficient freehold 
sureties, who shall not be members of such board, as surety or sureties on 
such bond. The president and secretary shall each give bond, with like 
surety or sureties, to be approved by the county auditor, in the sum of 
twenty-five thousand doUars: Provided, That such boards of school trustees 
may purchase said bonds from some reliable surety company, and pay for 
them out of the special school revenue of their respective cities. All va- 
cancies that may occur in said board of school trustees shall be filled by the 
common council at .any regular meeting, but such election to fill a vacancy 
shall only be for the unexpired term: And, provided further. That the present 
incumbents of the offices of school trustees in any cities coming under the 
provision of this act shall hold their offices until the expiration of the terms 
for which they have been elected or appointed. (§6504r.) 

351a. Applies to Other Cities — When. 6. Whenever any city which 
has not the requisite population to bring it within the provision of this act 
shall, according to any United States census hereafter taken, have a 
population off more than sixty-three thousand inhabitants and less than 
sixty-nine thousand inhabitants, then this act shall in all respects apply to 
and govern such city from thenceforth. (§6504s.) 

352. Pending Litigation — ^Present Members. 7. The intendment 
of this act is and shall be that it shall not affect any impending litigation but 
the same shall be concluded and judgment rendered and enforced as if this 
act had never been passed and that all school trustees, in cities coming under 
the provisions of this act, who are now serving unexpired terms in such office, 
shall fiU out such unexpired terms under the provisions of this act the same 
as if they had been elected to such office under the provisions of this act. 
(§6504t.) 



SCHOOL LAWS OF INDIANA 



187 



CHAPTER XVII. 

School Cities op 55,000 to 63,000. 



Sec. 




Sec. 


353. 


Cities 56,000 to 63,000 — Board of 


356. 




school trustees. 


357. 


354. 


Qualifications — Interest in con- 


358. 




tracts — Salary. 


359. 


355. 


Election— Terms — Petition for can- 
didates. 


360. 



Next election — Five to be chosen. 
Present incumbents of electives. 
Take office as vacancies occur. 
Future census — Effect. 
Pending litigation. 



[Acts 1911, p. 358. Approved March 4, 1911.] 

353. Cities 55,000 to 63,000— Board of School Trustees. 1. The 

government of the common schools in cities having a population of more than 
flfty-flve thousand inhabitants and less than sixty-three thousand inhabitants 
according to the last preceding United States census, shall be vested in a 
board of school trustees, which shaU consist of five members, elected in the 
manner hereinafter provided. (§6504f.) 

This act applies only to Terra Haute, which has by the census of 1910 a population 
of 58,157. 

354. Qualifications — Interest in Contracts — Salary. 2. The 

members of such board of school trustees shall be at least twenty-five years 
of age, residents of the city, and shall have been such residents of the city 
for at least three years immediately preceding their election. They shall be 
ineligible to any elective or appointive office under such board of school 
trustees and under the government of such city while holding membership on 
said board. They shaU not be interested in any contract with, or claim 
against the school city in which they are elected, either directly or indirectly: 
Provided, That this act shall not be construed to prevent any one, otherwise 
eligible, who is connected as officer or stockholder in financial institutions 
holding school fund deposits under the state depository law from holding 
such office as school trustee. If at any time after the election of any member 
of said board, he shall become interested in any such contract with, or claim 
against said school city, he shall thereupon be disqualified to continue as a 
member of said board, and a vacancy shall thereby be created. Every 
member of said board shall, before assuming the duties of his office, take an 
oath, before some one qualified to administer oaths that he possesses all the 
quahfications required by this act, that he will honestly and faithfully dis- 
charge the duties of his office, that he will not, while serving as a member of 
such board, become interested directly or indirectly, in any contract with, 
or claim against said school citj^ and that he will not be influenced during 
his term of office, by any consideration of politics or religion, or anything 
except that of merit and fitness in the appointment of officers and the en- 
gagement of employes. Each member of such board of school trustees shall 
receive as compensation for his services herein the sum of five hundred dollars 
($500.00) per annum. (§6504g.) 



188 SCHOOL LAWS OF INDIANA 

355. Election — Terms — Petition for Candidates. 3. The said 
board of school trustees shall be elected on a general ticket for a term of four 
years by the voters of any such city qualified to vote at its city elections. 
The members of such board shall be elected at the regular city election of 
such civil city, and shall be taken from the city at large without reference to 
districts, and such election shaU be held under the provisions of the general 
laws governing such city elections, so far as they are not inconsistent with the 
provisions of this act. Not later than thirty days before any election for 
members of the board of school trustees provided for in this act, legal voters 
of such city may present names of candidates for election as members of said 
board of school trustees to a board of canvassers, consisting of the mayor, the 
clerk and the comptroller of said city in the manner following: Each candi- 
date sbaU be proposed in writing by not fewer than two hundred legal voters 
of sucii city. No more than five candidates may be named in any one pe'- 
tition and no legal voter may sign for more than five candidates on petition 
or petitions for any one election. Upon the presentation of such petition to 
said board of canvassers, the said board of canvassers shall publish for five 
days the names proposed, in at least two of the daily newspapers printed and 
published in said city, and shall certify at the time required by law such nom- 
inations to the regular board of election commissioners for said city election, 
who shall prepare ballots printed on plain paper which shall contain the 
names of aU such candidates, arranged in order to be determined according 
to lot by said board of canvassers. There shall be nothing on said ballot, 
except as otherwise provided herein, and except the names of the candidates 
and the offices to be filled, together with the square in front of each name 
and a statement at the head of the ticket of the number of trustees for whom 
the elector may vote. Such ballot shall be voted at said regular city election 
and deposited in a separate ballot box provided for the purpose. The name 
of any candidate shall not be thus published and placed on the official ballot 
by the said board of canvassers if it shall appear that he is inehgible for 
membership on the said board of school trustees under the provisions of sec- 
tion two (2) of this act. Each elector may vote for five candidates by making 
a cross in the square opposite the name of each candidate for whom he votes. 
The five candidates who have the highest number of votes shall be declared 
elected. The vacancies in said board of school trustees shall be temporarily 
fiUed by the board as soon as practicable after such vacancy occurs, except 
as hereinafter provided. Any such member so chosen to flU such vacancy 
shall hold office until the first Monday in January following the next general 
city election, and until his successor is elected and qualified: Provided, 
however, That in ease the term of any trust.ee-eleet as provided in section 5 
of this act, shall commence at the date of any vacancy occurring prior to 
the first Monday in Januarj^ following the next general city election after the 
taking effect of this act, then in that event, the then board of school trustees 
shall not fill such vacancy but it shall be filled by such trustee-elect, who shall 
serve as provided in section 5 herein; and that in ease the term of office of 
any such trustee-elect shall commence at a date subsequent to the date 
when such vacancy occurs, the terpi of office of the trustee chosen by the board 
to fill such vacancy shall extend only to the date of the commencement of 
the term of such trustee-elect and until such trustee-elect is quaUfled, and 



SCHOOL LAWS OF INDIANA 189 

sucli trustee-elect shall serve as provided in section five (5) of this a^t. 
(§650411.) 

356. Next Election — Five to be Chosen. 4. At the next general 
city election after the taking effect of this act, five members of the board of 
school trustees shall be elected to serve as herein provided, and each of said 
trustees shall hold office for a term of four years, and until his successor is 
elected and qualified. (§65041.) 

357. Present Incumbents or Electives. 5. School trustees holding 
office in such cities at the time of taking effect of this act who obtained such 
office by election by popular vote, or by appointment by the city common 
council, and school trustees-elect who obtained such election by popular 
vote, or by appointment by the city common council, whose terms of office 
have not commenced at the time of the taking effect of this act, shall continue 
to hold, and take and hold, office therein respectively as such school trustee 
in such cities during the terms of office for which they were so elected and so 
appointed. And if any such city shall have a less number of trustees than 
five at the time of the taking effect of this act, the full number of five shall 
immediately be made up by the then board of school trustees of such city 
selecting persons to fill the place or places on such board of school trustees, 
and the new member or members so selected shall serve until the first Mon- 
day in January after the next general city election and until his, or their 
successor or successors are elected and qualified. (§6504j.) 

358. Take Office as Vacancies Occur. 6. The five trustees elected 
as provided by section four (4) of this act shall take office as vacancies may 
occur by reason of the expiration of the terms of office of the trustees as pro- 
vided in section three (3) and five (5) herein, and said trustees shall take 
office in the order of the highest number of votes received at said election. If 
any number of said trustees shall receive the same number of votes, the order 
in which they shall respectively take their office shall be determined by lot. 
At each succeeding general city election, there shall be elected five school trus- 
tees who shall respectively succeed the members serving as school trustees of 
any such city, upon the expiration of their respective terms of office, in the same 
order as hereinbefore provided. And each of said trustees, shall hold office 
for a term of four years and until their successors respectively are elected 
and quaUfied. (§6504k.) 

359. Future Census — -Effect. 7. Whenever any city which has not 
the requisite population to bring it within the provisions of this act shall, 
according to any United States census hereafter taken, have a population of 
more than fifty-five thousand inhabitants, and less than sixty-three thousand 
inhabitants, then this act shall in all respects apply to and govern such city 
from thenceforth. (§65041.) 

360. Pending Litigation. 8. It is the meaning and intention of 
this act, that the same shall not affect any pending litigation but the same 
shall be concluded, and judgment rendered and enforced as if this act had 
never been passed; and that all school trustees in cities contemplated by this 
act now legally in office, or which are elected and are hereafter to take office, 
under a valid law of this state, shall do so, and all questions as to the legality 
or illegality of their election shaU not be disturbed by the provisions of this 
act. (§6504m.) 



190 SCHOOL LAWS OF INDIANA 





Taxation 


Sec. 




Sec 


.361. 


State tax levy. 


366. 


362. 


Uniform tax. 


3<R7. 


363. 


Special school revenue — Limit — 






Used to pay teachers. 


36S. 


364. 


Assessment and collection. 




365. 


Supplementary tuition fund. 


369. 



CHAPTER XVIII. 



Local tax — How applied. 

Tax for town school house and to 

support town schools. 
Educational Institution Fund — 

Levy. 
Unexpended balance. 

[Acts 1907, p. 505. Approved March 11, 1907.] 

.361. State Ta\ Levy. 1. There shall be in the year 1907, and annual- 
ly thereafter, assessed and collected as state and county revenues are collected, 
thirteen cents and six mills on each one hundred dollars worth of taxable 
property, real and personal in this state, and in addition thereto a poll tax 
of fifty (.50c) cents upon each legal voter in the state, which money when 
collected shall be paid into the state treasury for a common school tuition 
fund, and shall be apportioned to the several counties in the manner provided 
in said act, section one of which is hereby amended. (§6432.) 

1. An Act of 1873 (p. 216) legalized tax levies for tuition made by school trustees of 
cities pi-ior to .January 21, 1875. 

[Acts 1869, p. 41. Approved and in foi'ce May 13, 1869. J 

362. Uniform Tax. 1. In assessing and collecting taxes for school 
purposes under existing laws, all property, real and personal, subject to tax- 
ation for state and county purposes, shall be taxed for the support of common 
schools, without regard to the race or color of the owner of the property. 

(§6440.) 

[Acts 1873, p. 68.] 

363. Special School Revenue — Limit — Used to Pay Teachers. 12 

The trustees of the several townships, towns and cities, shall have the power 
to levy a special tax, in their respective townships, towns or cities, for the 
construction, renting or repairing of school houses, providing furniture, 
school apparatus, and fuel therefor, and for the payment of other necessary 
expenses of the school, including tuition and teachers' salaries, whenever 
in any current year the tuition funds shall have been exhausted; but ho 
tax shall exceed the sum of seventy-five (75) cents on each one hundred 
dollars ($100) worth of taxable property, and one dollar ($1) on each poll, 
in any one year, and the income from said tax shall be denominated the special 
school revenue. 

[As amended 1917, p. 708.] 

1. Commissioners Have no Conthol. By the above section the legislature 
amended the act of 1865, giving trustees the absolute right to levy a special tax by 
increasing the amount from twenty-five cents to fifty cents, and reaffirming the former 
law, otherwise in the very words of It. This clearly removes all authority of com- 



SCHOOL LAWS OF INDIANA 191 

missioners over the trustees in making their special school levies. — Cole v. State, 131 
Ind. 691; Shepardson v. Gillette, 133 Ind. 125. 

2. Bank Stock. Shares of bank stock in a national bank are liable to the special 
tax authorized by this section. — Daniels v. Strader, 39 Ind. 63; Root v. Erdelmeyer, 
37 Ind. 225, affirming 1 Wilson 99. 

3. Who Levies and Collects. The township trustee makes the recommenda- 
tion of a certain rate of taxation, but the townsliip ad^'^sory board makes the levy. 
Under the old law the township trustee mightf levy. — Heal v. Jefferson Tp., 15 Ind. 
431; Cole v. State, 131 Ind. 591; Shepardson v. Gillette, 133 Ind. 125; Adamson v. 
Auditor, 9 Ind. 174. 

[Acts 1865, p. 3. Approved March 6, 1865.] 

364. Assessment and Collection. 13. The county auditor shall, 
upon the property and polls liable to taxation for state and county purposes, 
make the proper assessments of special school tax levied by the trustee, in 
the same manner as for state and county revenue, and shall set down the 
amount of said tax on his tax-list and duplicate thereof, as other taxes are 
set down, in appropriate columns; and he shall extend said assessment to the 
taxable property of the person transferred, which is situate in the township, 
town or city to which the transfer is made, and to the property and poll 
of the person transferred, situate in the township, town or city in which the 
person taxed resides, according to the rate and levy thereof in the township, 
town or city to which the transfer is made, and for its use; and said tax shall 
be collected by the county treasurer as other taxes are collected, and shall be 
paid, when collected, to the treasurer for school purposes of the proper 
township, town or city, upon the warrant of the county auditor. To enable 
county auditors correctly to assess said tax, the county superintendents of 
the several counties shall, at the time they make out and report to the auditor 
the basis of the apportionment of school revenue for tuition, as is required 
by section 4432 [§113], make out and report to said auditor a statement of 
transfers which have been made for school purposes according to section 
4472. (§6442.) 

[Acts 1803, p. 409. Approved March 9, 1903.] 

365. Supplementary Tuition Fund. 1. The school trustees of 
the several townships, towns and cities shall have power to levy annually 
a tax not exceeding fifty cents on each one hundred dollars of taxable property 
and twenty-five cents, on each taxable poll, which tax shall be assessed and 
collected as the taxes of the state and county revenues are assessed and col- 
lected, and the revenues arising from such tax levy shall constitute a supple- 
mentary tuition fund, to extend the terms of school in said townships, towns 
and cities after the tuition fund apportioned to such townships, towns and 
cities from the state tuition revenues shall be exhausted: Provided, how- 
ever, That should there be remaining in the tuition fund of any township, 
town or city levying such tax at the close of any school year any unexpended 
balances of such supplementary tuition fund assessed and collected for use 
in such school year, or previous years, equal to or exceeding in amount one 
cent upon each one hundred dollars of taxable property in said township, 
town or city, then it shall be the duty of the county auditor to take notice 
of the same, and at the time when the trustee or trustees of such school 
corporation shaU make the annual levy for such tax such trustee or trustees 
shall make, under oath, an estimate of the amount of supplementary tuition 



192 SCHOOL LAWS OF INDIANA 

fund that will be required to meet the actual expenses of the schools for the next 
school year, and from such estimate said auditor shall deduct the unexpended 
balance of such fund in such trustee or trustees' hands on the first Monday 
of July, and the said trustee or trustees shall make a levy not larger than shall 
be sufficient to produce a supplemental revenue equal to the corporation as 
well as upon money capital paid in : Provided, That this act shall not apply 
to waterworks companies. (§6443.) 

[Acts 1895, p. 153. Approved March 7, 1895.] 

366. Local Tax, How Applied. 2. The funds arising from such tax 
shall be under the charge and control of the same officers, secured by the same 
guarantees, subject to the same rules and regulations, and applied and ex- 
pended in the same manner as funds arising from taxation for common 
school purposes by the laws of this state: Provided, That the funds assessed 
and collected in any school township, school town or school city shall be ap- 
plied and expended in the same school township, town or city in which such 
funds shall have been assessed and collected. (§6444.) 

1. Anticipating. This revenue is not forbidden to be anticipated, as is the 
state's tuition revenue. — Harney v. Wooden, 30 Ind. 178. 

[Acts 1905, p. 219. Approved March 6, 1905.] 

367. Tax for Town Schoolhouse and to Support Town Schools. 

31. The board of town trustees shall have the following powers: * * * 
Nineteenth. To erect or pro\dde such school houses as may be necessary for 
the use of the schools of the town, to complete schoolhouses in process of 
erection and provide for the payment of the cost of the same, to keep all such 
school houses in repair and to provide fuel and other necessaries therefor. 
(§9005.) 

[Acts 1913, p. 506.] 

368. Educational Institution Fund — Levy. 4. There shall be 
levied and collected upon the taxable property of the State of Indiana in 
the year 1913, and in each year thereafter, for the use and benefit of the In- 
diana University (Indiana University School of Medicine, and Hospital), 
Purdue University and the Indiana State Normal School to be apportioned 
as hereinafter in this act provided, a tax of seven cents on each one hundred 
dollars of taxable property in Indiana, to be levied, collected and paid into 
the treasury of the State of Indiana, in like manner as other state taxes are 
levied and collected and paid, and the same shall be distributed and appor- 
tioned among them, severally upon the basis as foUows, viz.: To the said 
trustees of Indiana University upon the basis of two-fifths (2-5) of the total 
proceeds of this tax; to the trustees of Purdue University upon the basis of 
two-fifths (2-5) of the total proceeds of this ta.x; and to the trustees of the 
Indiana State Normal School upon the basis of one-fifth (1-5) of the total 
proceeds of this tax. The money derived from the tax provided for in this 
act shaU be paid to the trustees of said institution on warrants of the auditor 
of state, in the same manner as the benevolent institution fund is disbursed 
to boards of trustees of benevolent and reformatory institutions. When the 
funds provided for by this act for said educational institutions shall become 
available, said funds shaU constitute the total amounts to be paid out of the 



SCHOOL LAWS OF INDIANA 193 

treasury of the state to said institutions for any purpose, thereafter, and all 
acts and parts of acts in conflict with this provision are hereby repealed: 
Provided, That nothing in this act shall effect in any way any endowment or 
permanent fund or funds that may belong to or may have been appropriated 
for either Indiana University or Purdue University or the right of anj' of said 
institutions mentioned in this act to any taxes heretofore levied for their 
benefit, but all such taxes heretofore levied are hereby saved to said institu- 
tions: And, Provided, further, That no part of the general school revenue 
of the state shall be deducted or set apart to the State Normal School. 

[Acts 1913, p. 507.] 

369. Unexpended Balance. 5. In case there shaU be any unexpend- 
ed balance at the end of any fiscal year, of the funds provided for by this 
act, apportioned to any one of said educational institutions, the same shall 
not revert to the general fund but shall remain and belong to said institution 
to which it was apportioned, to be expended in the future only for the phy- 
sical improvement of such institution; and no educational institution herein 
named shall construct any new buUding or buildings from said fund without 
first receiving the approval of the state board of finance. 



8554 — 13 



194 SCHOOL LAWS OF INDIANA 



CHAPTER XIX. 

Schools in Cities of 45,000 to 55,000. 



Sec. 




Sl:c. 




370. 


Cities of 45,000 to 55,000. 


373. 


Special tax. 


371. 


Powers of school board. 


374. 


Proceeds of bonds 


372. 


Building — Bonds. 


375. 


Population. 




[Acts 1901, p. 21. Approved February 20, 


1901. In force M 



370. Cities of 45,000 to 55,000. 1. All cities of this state having a 
population exceeding forty-five thousand (45,000), and less than fifty-five 
thousand (55,000), according to the last preceding United States census, 
have been heretofore and are hereby declared to be and are made school 
corporations for school purposes, separate and distinct from the civil cor- 
porations of such cities, and shaU be known and designated as the school 

city of (naming the city) ; and the several boards of school 

trustees of such cities shall represent and be vested with all the authority and 
powers of such school cities, and with the management and control of the 
common schools thereof. (§6509.) 

371. Powers of School Board. 2. The general school laws of this 
state, and all laws and parts of laws, applicable to the general system of 
common schools in cities, and not inconsistent therewith, shaU be in full force 
in such cities. And such boards of school trustees shall also have and ex- 
ercise all the powers heretofore or hereafter conferred upon the school trustees 
of the same or other cities of the state. (§6510.) 

372. Building — Bonds. 3. Such board of school trustees in any 
such city may purchase land and erect thereon a building or buildings for 
the purposes of a high school and a manual training school. For the purpose 
of raising the necessary funds to purchase such grounds, and for the erection 
of such buildings, such board of trustees may borrow money, and from time 
to time issue and sell the negotiable bonds of such school city, in such sums 
and denominations as to said board may seem advisable, drawing not to ex- 
ceed four per cent interest per annum, payable semi-annually and running 
such length of time, not to exceed twenty years, and payable at such place 
as to said board may seem best, and the said board shall have the power 
to refund said bonds, or any part thereof, and to issue and sell other bonds, 
in lieu of those taken up and paid, by issuing and selling similar bonds of 
such city: Provided, however, That the aggregate amount of such bonds 
outstanding at any time shall not exceed one hundred and twenty-five thou- 
sand dollars ($125,000). Such bonds shall be executed by and in the name 
of the board of school trustees of (naming the city) by the presi- 
dent of the board, which such board shall have power to adopt and use, and 
shall be attested by the treasurer or secretary' of such board, and when so 
executed and issued they shall constitute an indebtedness of the school city 



SCHOOL LAWS OF INDIANA 195 

on account of and for the benefit of which they are issued, and such school 
ci ty issuing the same shall be liable for and shall assume and pay such bonds. 

(§■■511.) 

373. Special Tax. 4. Said boards of school trustees shall have the 
\iowev to, and shall levy a special tax sufficient to pay the interest on such 
i onds, and to create a sinking fund for the payment of the principal thereof, 
when due: Provided, however. That the total tax levied for the payment 
of such interest and sinking fund, and for the construction and repair of school 
buildings, to provide furniture, school apparatus and fuel, and for the pay- 
ment of other necessary expenses of the schools of such city (except for tuition, 
library and compulsory educational purposes), shaU not exceed the sum 
of fifty cents on each hundred dollars' worth of taxable property and one 
doUar on each poll in such cities in any one year. (§6512.) 

374. Proceeds of Bonds. 5. The proceeds of the sale of such bonds 
shall be paid to the treasurer of said board of school trustees, to enable such 
board to pay for such grounds and erect such building or buildings; but be- 
fore the issue or sale of such bonds such treasurer shall make and file with the 
county auditor a bond, payable to the State of Indiana, in a sum not less than 
the full amount of such bonds to be issued and sold, and with security, to 
be approved by said auditor conditioned for the faithful and honest applica- 
tion of such money to the purposes for which the same was provided; and such 
treasurer, and such surety and sureties on such bond, shall be liable on a suit 
on such bond for any waste, misapplication or loss of such money in the same 
manner and to the same extent as now provided for waste or loss of school 
revenue, (§6513.) 

375. Population. 6. Whenever any city which has not the requisite 
population to bring it within the provisions of this act shall, according to any 
United States census hereafter taken, have a population of more than forty- 
five thousand (45,000), and less than fifty-five thousand (55,000), then this 
act shall in all respects apply to and govern such city from thence forward. 
(§6414.) 

When this law was enacted in 1901, Fort Wayne had a population of 45,115 and was 
the only citj' to which it applied. By the census of 1910, Fort Wayne has a population 
of 63,933, and has therefore passed out of the class. South Bend comes into the class 
by the census of 1910, with a population of 53,684. 



196 



SCHOOL LAWS OP INDIANA 



CHAPTER XX. 



Vocational Edl cation. 



Sec. 




Sec 


376. 


Vocational education — Definitions. 


391. 


377. 


Establishment of schools. 


392. 


378. 


Classes — How divided. 


393. 


379. 


Co-operative schools. 




380. 


Studies — How outlined. 


394. 


381. 


State Board of Education — Duties. 


395. 


382. 


State Board, Comprised of. 




383. 


Appointments — Row made. 


396. 


384. 


Advisory committee. 


397. 


385. 


Admission to Schools — To whom 






made. 


398. 


386. 


Compulsory attendance. 


399. 


387. 


County Agent — Petition. 


400. 


388. 


Cities and towns — Reimbursed. 


401. 


389. 


State maintenance. 




390. 


Claims for reimbursement. 


402. 
403. 



Salaries and expenses. 

When effective. 

Schools — Cities first class — Non- 
residents — Vocational Schools. 

Property in trast — Bonds issued. 

Additional high school buildings — 
Bonds may be issued. 

Pending liti:;ation. 

Schools— Agricultural and Domes- 
tic Science — Petition — Levy. 

Buildings — Bonds issued. 

Township trustee — Maintenance. 

Annual tax levy. 

Acceptance of act of congress — 
Vocational education. 

State treasurer custodian of funds. 

Duties of board of education. 



[Acts 1913, p. 37.] 

376. Vocational .Education. 1. The following words and phrases 
as used in this act shall, unless a different meaning is plainly required by the 
context, have the following meanings: 

1. "Vocational education" shall mean any education the controlling 
purpose of which is to fit for profitable employment. 

2. "Industrial education" shall mean that form of vocational education 
which fits for the trades, crafts and wage-earning pursuits, including the 
occupation of girls and women carried on in stores, workshops, and other 
establishments. 

3. "Agricultural education" shall mean that form of vocational educa- 
tion which fits for the occupations connected with the tillage of the soil, 
the care of domestic animals, forestry and other wage-earning or productive 
work on the farm. 

4. "Domestic science" education shall mean that form of vocational edu- 
cation which fits for occupations connected with the household. 

5. "Industrial agricultural or domestic science school or department" 
shall mean an organization of courses, pupils and teachers designed to give 
either industrial, agricultural or domestic science education as herein defined, 
under a separate director or head. 

6. "Approved industrial, agricultural or domestic science school or de- 
partment" shall mean an organization under a separate director or head, 
of courses, pupils and teachers approved by the state board of education de- 
signed to give either industrial, agricultm-al or domestic science education as 
herein defined. 



SCHOOL LAWS OF INDIANA 197 

7. "Evening class" in an industrial, agricultural or domestic science 
school or department shall mean a class giving such training as can be taken 
by persons already employed during the working day, and which in order to 
be called vocational must in its instruction deal with the subject-matter of 
the day employment, and be so carried on as to relate to the day employment; 
but evening classes in domestic science relating to the home shall be open to 
aU women over seventeen who are employed in any capacity during the day. 

8. "Part-time classes" in an industrial, agricultural or domestic science 
school or department, shall mean a vocational class for persons giving a part 
of their working time to profitable employment and receiving in the part- 
time school or department, instruction complementary to the practical work 
carried on in such employment. To give a part of their working time such 
persons give a part of each day, week or longer period to such part-time class 
during the period in which it is in session. (§6641a.) 

"Shall" — Generally it is the presumption that the word "shall," as used in a given 
law, is to be construed in an imperative sense, unless a different legislative intent 
clearly appears from the context or manifest purpose of the act as a whole. — State of 
Indiana, ex rel. Simpson et al. v. Meeker et al., 182 Ind. 240. 

377. Establishment of Schools. 2. Any school city, town or town- 
ship may through its board of school trustees or school commissioners or 
township trustee, establish vocational schools or departments for industrial, 
agricultural and domestic science education in the same manner as other 
schools and departments are established and may maintain the same from 
the common school funds or from a special tax levy not to exceed 10 cents on 
each SlOO of taxable property, or partly from the common school funds and 
partly from such tax. School cities, towns and townships are authorized 
to maintain and carry on instruction in elementary domestic science, indus- 
trial and agricultural subjects as a part of the regular course of instruction. 
(§6641b.) 

378. Classes — How Divided. 3. In order that instruction in the 
principles and practice of the arts may go on together, vocational schools 
and departments for industrial, agricultural and domestic science education 
may offer instruction in day, part-time and evening classes. Such instruc- 
tion shall be of less than college grade and be designed to meet the vocational 
needs of persons over 14 years of age who are able to profit by the instruction 
offered. Attendance upon such day or part-time classes shall be restricted 
to persons over 14 and under 25 years of age; and upon such evening classes 
to persons over 17 years of age. (§6641 c.) 

379. Co-operative Schools. 4. Two or more school cities, towns or 
townships or combinations thereof, may co-operate to establish and maintain 
vocational schools or departments for industrial, agricultural or domestic 
science education or in supervising the same, whenever the school board or 
township trustees of sach school cities, towns or townships shall so determine 
and apportion the cost thereof among the cities, towns and townships co-' 
operating. Whenever sach co-operative schools or departments have been 
determined upon by any school cities, towns or townships, or combination 
thereof, the presidents of the school boards of the cities or towns and the 
township trustees of the townships co-operating shall constitute a board for 



198 SCHOOL LAWS OP INDIANA 

the management of such school or department, such board may adopt for 
a period of one year or more, a plan of organization, administration and sup- 
port for such school or department and the plan, if approved by tbe state 
board of education stiall constitute a binding contract between cities, towns 
and townships entering into a co-operation to supi>ort such schools and courses 
which shall be cancelled or annulled only by the vote of a majority of the 
school boards or township trustees of such school cities, towns or townships 
and the approval of the state board of education. (§6641d.) 

380. Studies— How Outlined. 5. Elementary agriculture shall be 
taught in the grades in all town and township schools; elementary industrial 
work shall be taught in the grades in all city and town schools, and elemen- 
tary domestic science shall be taught in the grades in all city, town and town- 
ship schools. The state board of education shall outline a course of study 
for each of such grades as they may determine which shall be followed as 
a minimum requirement. The board shall also outline a course of study in 
agriculture, domestic science and industrial work, which they may require 
city, town and township high schools to offer as regular courses. After Sep- 
tember 1, 11)15, all teachers required to teach elementary agriculture, indus- 
trial work or domestic science shall have passed an examination in such sub- 
je'its* prepared by the state board of education. (§6641e.) 

381. State Board of Education — Duties. 6. The state board of 
education is hereby authorized and directed to investigate and to aid in the 
introduction of industrial, agricultural and domestic science edur-ation, to 
aid "ities, towns and townships to initiate and superintend the establishment 
and maintenance of schools and departments for the aforesaid forms of edu- 
cation; and to supervise and approve such schools and departments, as here- 
inafter provided. The board of education shall make a report annually to 
the general assembly describing the condition and progress of industrial, 
agricultural and domestic science education during the year and making such 
recommendations as they may deem advisable. (§6641f.) 

382. State Board, Comprised of. fSee §23.) 

383. Appointments — How Made. 8. The state superintendent of 
pubUe instruction, with the advice and approval of the state board of educa- 
tion, shall appoint a deputy superintendent in charge of industrial and do- 
mestic science education who shall act under the dire tion of the state sup- 
erintendent of public instruction in carrying out the provisions of this act. 
The salary and term of office of such deputy shall be fixed by the board and 
he shall be removable by the board only for cause. 

The state superintendent, with the ap'^roval of the state board of educa- 
tion, is authorized to co-operate with Purdue University in the appointment 
of some person actively connected with the agricultural extension work at 
Purdue as an agent in supervising agricultural education, who shall serve 
in a dual capacity as an agent of tie state superintendent and an assistant 
at Purdue University. The board and the authorities of Purdue University 
may fix the proportion of the salary of such agent to be borne by the state 
and by the university. Such person shall be subject to removal for cause 
by the state board of education. 



SCHOOL LAWS OF INDIANA 199 

All expenses incurred in discharge of their duties by deputies and agents 
shall be paid by the state from funds provided for in this act. (§6641h.) 

384. Advisory Committee,, 9. Boards of education or township 
trustees administering approved vocational schools and departments for 
industrial, agxieultural or domestic science education, shall, under a scheme 
to be approved by the state board of education, appoint an advisory commit- 
tee composed of' members representing local trades, industries and occupations. 
It shall be the duty of the advisory committee to counsel with and advise 
the board and other school officials having the management and supervision 
of such schools or departments. (§66411.) 

385. Admission to Schools — To Whom Made 10. Any resident 
of any city, town or township in Indiana, which does not maintain an ap- 
proved vocational school or department for industrial, agricultural or do- 
mestic science education offering the type of training which he desires, may 
make application for admission to such school or department maintained by 
another city, town or township or any school of secondary grade maintaining 
an approved industrial, agricultural or domestic science school or department. 
The state board of education, whose decision shall be final, may approve or 
disapprove such application. In making such decision the board shall take 
into consideration the opportunities for free vocational training in the com- 
munity in which the applicant resides; the financial status of the community; 
the age, sex, preparation, aptitude and previous record of the applicant, and 
all other relevant eireiimstances. 

The school city or town or township in which the person resides, who has 
been admitted as above provided, to an approved vocational school or de- 
partment for industrial, agricultural or domestic science education, maintained 
by another city, town or township or other school, shall pay such tuition fee 
as may be fixed by the state board of education, and the state shall reim- 
burse such school '-ity or town or township as provided for in this act. If 
any school city or town or township neglects or refuses to pay for such tuition, 
it shall be liable therefor in an action of contract to the scliool citjy or town or 
township or cities and towns and townships or other school maintaining the 
school which the pupil with the approval of the said board attended. 
(§6641j.) 

386. Compulsory Attendance, li. In case the board of education 
or township trustee of any ^.ity, town or township have established approved 
vocational schools for tiie instruction of youths over fourteen years of age 
who are engaged in regular employment, in part-time classes, and have form- 
ally accepted the provisions of this section, such board or trustee are author- 
ized to require all youths between the ages of fourteen and sixteen years 
who are regularly employed, to attend school not less than five hours per 
week between the hours of 8 a. m. and 5 p. m. during school term. (§6641k.) 

387. County Agent — Petition, 12. Whenever twenty or more resi- 
dents of a county, who are actively interested in agrifiulture, shaU file a 
petition with the county board of education for a county agent, together 
with a deposit of $500.00 to be used in defraying expenses of such agent, the 
county board of education shall file said petition, within thirty days of its 
receipt, with the county council, which body shaU, upon receipt of such pe- 



200 SCHOOL LAWS OF INDIANA 

tition, appropriate annually the sum of $1,500.00 to be used in paying the 
salary and ether expenses of said oounty agent. When the cojnty approp- 
riation has been made the county board of edaaation shall apply to Purdue 
University for the appointment of a county agent whose appointment shall 
be made annually and be s'lbject to the approval of the county board of ed- 
ucation, and the state board of education. When such appointment has been 
made, there shall be paid annually from the state fund nrovided for in this 
act, to Purdue University, to be paid to t.";e county providing foe a county 
agent, an amount sufficient to pay one-half the annual salary of the ^ounty 
agent appointed as herein provided: Provided, That not more than $1,000 
shall be appropriated to any one county: Pro vied, further. That not more 
than thirty (30) counties during the year ending September 30, 1914; and 
sixty (60) f^ounties diiring the year ending September 30, l'->15, shall be en- 
titled to state aid. It shall be the duty of su'^h agent, under the supervision 
of Purdue University, to "O-operate with farmers' institutes, farmers' clubs 
and other organizations, condict practical farm demonstrations, boys' and 
girls' clubs and -ontest work and other movements for t*'e advancement of 
agriculture and country Ufe and to give advice to farmers on practi -al farm 
problems and aid tl'e county superintendent of schools and the teachers in 
giving practical education in agriculture and domestic science. The county 
board of education is hereby authorized to file monthly bills covering salary 
and expenses of ,oanty agent, the same to be approved by Purdue universitjs 
with the county a'lditor who shall draw his warrant or warrants on the 
county treasurer for the payment of same, (§66411.) 

In view of par. 1, art. 8, of the Constittition making it the duty of the legislature to 
encourage by all suitable means, moral, intellectual, scientific and agricultural improve- 
ment, and to provide by law for a general and imiform system of public schools and in 
view of the purpose of the Act of 1913, known as the Vocational Education law, to 
meet existing industrial and social problems by an adaptation of the public schools to 
the needs of the people, par. 12 of the act providing for the appointment of a county 
agent to assist in giving practical education in agriculture, and for making appropria- 
tions of money for the purpose, is not invalid as conferring a special privilege on an 
arbitrary class of persons, since, while it provides only for agricultural education, other 
sections of the act provide for vocational education along other Unes. 

The Vocational Education law is designed to operate uniformly in all parts of the 
state where the same circumstances and conditions exist, and the uniformity of opera- 
tion is not destroyed by the mere fact that par. 12 of the act providing for county 
agents to assist in giving practical education in agriculture, designates a different meth- 
od for determining the need for that kind of education. 

Section 12 of the Vocational Education law providing that the county council shall, 
upon the filing of a petition for the appointment of a county agent to assist in agricultur- 
al education, make a certain appropriation of money for that purpose, is mandatory, 
and hence mandamus will lie to compel the council to make the appropriation. — State 
of Indiana, ex rel. Simpson et al. v. Meeker et al., 182 Ind. 240. 

County council can be mandated to appropriate salary for county agent, when 
same has been properly appointed.— Comer v. State, 110 N. E. 984. 

388. Cities and Towns — Reimbursed- 13. Vocational schools or 
departments for industrial, agricultural and domestic science education shall 
so long as they are approved by the state board of education as to organiza- 
tion, location, equipment, courses of study, qualifi^^ations of teachers, metnods 
of instruction, conditions of admission, employment of pupils and expendi- 
tures of money, constitute approved vocational schools or departments. 
School cities and towns and townships maintaining such approved vocational 
schools shall receive reimbursement as provided in this a'jt. (§6641m.) 



SCHOOL LAWS OF INDIANA 201 

389. State Maintenance. 14. The state, in order to aid in. the main- 
tenance of approved vocational schools or departments for industrial, agri- 
cultural and domestic science education, shall, as provided in this act, pay an- 
nually to school cities and towns and townships maintaining such schools and 
departments an amount equal to two-thirds of the sum expended for instruction 
in vocational and technical subjects authorized and approved by the state 
board of education. Such cost of instruction shall consist of the total amount 
raised by local taxation and expended for the teachers of approved vocational 
and technical subjects. School cities and towns and townships that have 
paid claims for tuition in approved vocational schools shall be reimbursed 
by the state as provided in this act, to the extent of one-half the sums ex- 
pended by such school cities and towns and townships in payment of such 
claims. (§6641n.) 

390. Claims for Reimbursement. 15. Any school city, town or 
township having claims for reimbursement against the state inder the pro- 
visions of this act shall present the same to the state board of education on 
or before July 1st of each year immediately following the com]>letion of the 
work for which they are entitled to reimbursement from the state. The 
board shall if they approve the claim authorize its payment by the auditor 
of state who shall thereupon draw his warrant on the treasiu-er of state for 
the payment of the amount due such school city, town or township, from the 
fund provided in this act. (§6641o.) 

391. Salaries and Expenses. 17. A sum sufficient to pay the sala- 
ries and expenses of the deputies, agents and employes in carrying out the 
provisions of this act, and an amount sufficient to carry out the provisions 
of section 12 is hereby appropriated annually for two years, to be available 
on and after April 1, 1913. Thereafter all salaries and expenses shall be paid 
from the fand provided for in this act. (§6641q.) 

392. When Effective. 18. This act shall take effect as to the pro- 
visions for state aid to approved vocational schools at the beginning of the 
school year 1914-1915. AU other provisions of this act, including tne pro- 
visions for a coi^nty agent, as provided in section 12, soall be in force from 
and after its publication. 

[Acts 1915. p. 153,1 

393. Schools — Cities First Class — Non-residents — -Vocational 
Schools. 1. That any common school corporation, in a city of this state 
having a population of more than one hundred thousand according to the 
last preceding United States census, which has established, or shall establish, 
according to law, vocational, trade and industrial schools in such city, may 
admit to such schools non-residents of the State of Indiana on the payment 
of reasonable laboratory and shop fees and a tuition fee of not more than the 
cost to said school corporation, per pupil, of conducting s-'ch vocational, 
trade and industrial schools; in estimating such cost the school corporation 
shall include nothing as a return or interest on capital invested in buildings, 
grounds or equipment or for interest on any bonds or on other obligations. 



202 SCHOOL LAWS OF INDIANA 

394. Property in Trust — Bonds Issued. 2. Any common school 
corporation in a city of this state having a population of more than one 
hundred thousand, according to the last preceding Unites States census, may 
accept property in trust to be used for common school, or vocational, trade or 
industrial school purposes, or for Ubrary purposes, and, as trustee, whether 
made such trustee by appointment of a court or by the founder of the trust, 
may perform su3h trust by using the trust property, consistently with the 
terms of the trust, in conducting schools or vocational, trade or industrial 
schools or libraries. If any such school city shall, by a resolution, or other 
formal corporate action, of its board of school commissioners, accept real 
estate or other property in trust, as above stated, and the trust property 
shall, at the time of acceptance, be subject to hens or charges of any kind 
which shall be in sums not greater in their aggregate amount than fifty (50) 
per cent of the then fair -'-ash value of the full fee simple title of the 
trust property, were it free of the trust, and such value shall have been 
ascertained by written appraisal made by three disinterested residents of 
such city selected by such board of school commissioners, then, and in 
that event, the school city is hereby authorized, in its discretion, to 
pay off and discharge such hens or charges, or any part or pa.rts thereof, 
and to make such payment at one time, or from time to time. For the pur- 
pose of raising money to pay off and discharge any such liens or charges and 
to erect and equip buildings on the trust real estate needed in the due execu- 
tion of the trust, such school city is hereby given power, to be exercised at 
its discretion, to borrow money, and, from time to time, as required, to issue its 
bonds therefor in any sum needed for one or both of such purposes, but there 
shall not be otitstanding at •.mj one time bonds issued under the authority 
of this act in a principal sum greater than three hundred thousand dollars 
($300,000). The power to issue such bonds shall be a continuing power 
and new issues for like purposes, in performing the same trust, or other trusts 
such as are herein mentioned, may be made when necessary, but at no time 
shall this power be executed while there shall be bonds issued under this 
power of three hundred thousand dollars ($300,000) principal outstanding, 
nor at any time to an amount which, added to such bonds then outstanding, 
would make an aggregate principal of more than $300,000. No bond, issued 
under the authority of this act, shall be deUvered until the money therefor 
shall have been paid to the treasurer of the school city, issuing it; and interest 
thereon shall not begin to accrue before the time of such delivery. Such 
bonds shall bear interest at a rate of not more than four and one-half (4 1-2) 
per cent per anniim, and the interest shall be payable semi-annuaUy. The 
bonds shall be sold by the school city issuing them at not below par and shall 
mature not more than forty-five (45) years from theh date and they shall be 
known as "educational trust bonds," and may be made to mature at one time 
or at different times, as the school city may choose. 

Preparatory to offering any such bonds for sale such school city, by its 
board of school commissioners, shall give notice, for not less than three (3) 
weeks, of the date and place fixed for the sale and in the notice shall give a 
brief description of the bonds and of the mode of bidding and invite bids. 
Such notice shall be by advertisement for three weeks by publication, one 
time in one new-spaper pubhshed in the city wherein the school corporation 
is located and one time in one newspaper published in the city of New York, 



SCHOOL LAWS OF INDIANA 203 

and by such other method of advertising, if any, as the board of school com- 
missioners may prescribe. The board shall sell the bonds to the highest and 
best bidder, reserving, however, in its advertisements and notices, the right 
to reject any and all bids. 

The proceeds arising from all sales of bonds, made in pursaanee of this 
act, shall be kept in a separate fund and be known as "educational trust bond 
fund," and shaU be used only for one or more of the pur!;oses hereinbefore 
referred to as objects for which such bonds are hereby authorized to be issued. 

395. Additional High School Buildings — Bonds May Be Issued. 

3. That the common school corporation in any city of this state of more 
than one hundred th or sand inhabitants, according to the last preceding 
United States census, when, by reason of the crowded condition of its schools, 
a necessity arises for providing additional high school buildings, in such 
school city, and when the school city shall, by formal resolution adopted and 
spread upon its minutes declare that such need exists and that such school 
city has not and will not have the means to build or equip the new building 
or to purchase the ground on which to locate the same and shaU declare to 
what extent the school city's available means will fall short of meeting such 
needs then, and in that event, it shall be lawful for said school city to borrow 
money and issue the bonds of said school city, to the amount of such defi^^it, 
but not in a prin^^ipal sum greater than one hundred and fifty thousand 
dollars in the case of any one such additional high school building. Siich 
bonds shall be known as "additional high school bonds." They sj^all bear 
interest at a rate of not more than foir and one-balf (4 1-2) per cent per an- 
num, interest payable semiannually ; shall be sold for not less than par and 
shall mature at not more than forty-five (45) years from their date and may 
be made to mat-xre all at one time or at different times. No bond so to be 
issued shall be delivered to the p'lrchaser until the price therefor shall be 
caid to the treasurer of said school city, and no interest shall accrue thereon 
before, such dehvery. Such bonds shall be payable to bearer and shall be 
of t]ie general form usual in municipal coupon bonds. Preparatory to offering 
such bonds for sale such school city shall give notice for not less than three 
(3) weeks of the date fijced for the sale of such bonds with a brief description 
thereof and of proposals therefor. Such notice shall be given by advertise- 
ment by one insertion in at least one newspaper published in the city wherein 
said school corporation is sitaate, and by one insertion in at least one news- 
paper pubUshed in the city of New York, and by su rh other advertisements 
as the school city may choose. The bonds shall be sold to the highest and 
best bidder and the right shall be reserved to the school city in all tae said 
notices, to reject any and all bids. 

The proceeds arising from such sale shall be used for no piirijose other 
than an additional high school building, viz.: for the purchase of grounds 
for and the erection and equipping of additional buildings for high schools. 
The powers hereby given to issue bonds for the particular purposes herein 
enumerated shall be in addition to all other bond issuing power given by sta- 
tute to such school cities. 

396. Pending Litigation. 4. Nothing in this act contained shall be 
construed to affect any litigation pending at the time of its passage or in it- 



204 SCHOOL LAWS OF INDIANA 

self to authorize any such school city to act as trustee under any appoint- 
ment heretofore made or made hereafter in any litigation now pending. 

[Acts 1913, p. 109.] 

397. Schools — Agricultural and Domestic Science — Petition — 
Levy, I. That whenever twenty-five (25) per cent, of the legal voters of 
any township, in the State of Indiana, wherein is situated a township high 
school, shall petition the township trustee, of such township, for the erection, 
construction and equipping of a room or building upon the grounds or real 
estate upon which such high school is situate, in which to teach and instruct 
the students of such township in the arts of agriculture, domestic science, or 
physical or practical mental culture, and in which to hold school or township 
entertainments, or to be used for township purposes, the township trustee, 
with the concurrence of the advisory board of such township, shall be author- 
ized and empowered to provide such room or building, as may best suit 
such needs in such township, by erecting, buiding and equipping such room 
or building, as aforesaid, to meet the requirements and necessities therefor. 
(§6623h.) 

398. Buildings — Bonds Issued. 2. For the purpose of raising 
funds for the building and construction of such room or building, as is pro- 
vided in section 1 of this act, the township trustee of such township is hereby 
authorized and empowered, with the concurrence and sanction of the ad- 
visory board of such township, to issue and sell the bonds of such township 
in an amount suffleient to paj;' for the construction and equipping of such 
room or building, and to levy a tax on the taxable property of such township 
in an amount sufficient to discharge and satisfy such bonds so issued and sold ; 
Provided, such bonds shall be in equal series, and shall fall due, one each year, 
for a period of ten (10) years: Provided, further, That an amount not ex- 
ceeding one (1) per cent of the total amount of taxable property of any town- 
ship may be used and expended for the purpose of carrying out the provisions 
of this act. (§66231.) 

399. Township Trustee — Maintenance. 3. The township trustee, 
of any township, in the State of Indiana, shall, by the provisions of the act 
being first complied with, shall cause such room or building to be constructed 
and equipped for the teaching and instruction of agriculture science, domestic 
science, physical culture, practical mental culture, or in which to hold any 
school or township entertainments, or for other township purposes, may, 
and he is hereby authorized and empowered to maintain such room or building, 
for the p "rpose aforesaid, and to make a levy of taxes, on the taxable property 
of such township, sufficient to raise the necessary funds with which to main- 
tain such room or building, and to conduct therein the courses of instruction 
mentioned herein. (S6623J.) 

[Acts 1917, p. 310.] 

400. Annual Tax Levy. 16. To provide a state fund to carry ont 
the provisions of this act, there shall be levied annually as a part of the state 
common school levy an additional levy of one-half of one cent on each one 
hundred dollars of taxable property in the state, which shall constitute a 
fund for the purposes of this act. Any part of tue fund remaining at the close 



SCHOOL LAWS OF INDIANA 205 

of any fiscal year shall be placed by the treasurer of state in a permanent 
fund for vocational education, the proceeds of which shall be used to aid in 
carrying out the provisions of this at. 

[Acts 1917, p. 344. Approved March 7, 1917. J 

401. Acceptance of Act of Congress — Vocational Education. 1. 

That the provisions of an act of Congress entitled "An act to provide for the 
promotion of vocational education; to provide for co-operation with the 
states in the promotion of such education in agricultare and tt.e trades and 
industries; to provide for co-operation with the states in the preparation of 
teachers of vocational subjects; and to appropriate money and regulate its 
expendit. re," are hereby accepted by the State of Indiana as to: 

a. Ap]''ropriations for the salaries of teachers, supervisors or directors 
of agricultural subjects. 

h. Appropriations for salaries for teachers of trade and industrial subjects. 

c. Appropriations for the training of teachers of vocational subjects. 

402. State Treasurer Custodian of Funds. 2. The state treas- 
urer is hereby designated as the custodian for vocational education and shall 
receive money paid to the state from t le United States treasury under the 
provisions of said act of congress and shall pay the same upon the warrant 
of the auditor of state when the same is certified by the state board of edu- 
cation. 

403. Duties of Board of Education. 3. The state board of ednca- 
tion is hereby designated as the state board to carry out the provisions of 
said act so far as the same relate to the co-operation of the state and federal 
government and shall have full power to take all necessary steps in the for- 
mulation of plans for the promotion of education in agricultiu-e, in trades and 
industries, and to formulate and execute plans for the preparation of teachers 
of vocational subjects. 



206 



SCHOOL LAWS OF INDIANA 



CHAPTER XXI. 
Apportionment op Revenue. 



Sec. 




Sec. 


404. 


To be made semi-annually. 


414. 


405. 


Reports of county auditors. 


415. 


406. 


"When and what county auditor 
reports. 


416. 


407. 


When congressional township di- 
vided. 


417. 


408. 


Auditor failing to report — Penalty. 


418. 


409. 


Printed statement. 


419. 


410. 


Payment to counties. 


420. 


411. 


Payment of excess. 


421. 


412. 


Unapportioned balances. 


422. 


413. 


County auditor's apportionment. 


423. 
424. 



Apportionment among counties. 
Distribution of 5.2 per cent of fund. 
Town or township deflciency — 

Certificate. 
Superintendent and auditor — 

Duties. 
Uses of fund. 
Liability for fund. 
Surplus. 

Interest on sinking fund. 
Surplus dog tax fund. 
Duty of school trustee. 
Annual statement. 



[Acts 1897, p. 291. Approved March 8, 1897.] 

404. To be made Semi-annually. 109. There shall be two appor- 
tionments of the school revenue for tuition made in each year by the state 
superintendent of public instruction — one on the fourth Monday in June, 
and the other on the first day of January, unless the said day of the month 
should be Sunday, and, if so, on the day following. (§6465.) 

405. Reports of County Auditors. 110. To enable the superin- 
tendent to make said apportionments, and to ascertain the amount of said 
revenue collected and ready for that purpose, the auditors of the several 
counties of the state shall, promptly, after making the settlements with the 
county treasurers of the respective counties in May for the amount collected 
on tax list, and in December for the amount of delinquent tax collected, make 
report to said superintendent of the precise amount of school revenue for 
tuition collected in their respective counties and ready for apportionment 
and distribution; which report shall be verified by the oath or affirmation of 
the auditor indorsed thereon. (§6466.) 

406. When and What (Jounty Auditor reports. 11. The first of 
said reports in each year shall not be delayed later than the third Monday in 
June, and the second not later than the twenty-fifth day of December. Said 
report shall show : 

First. The amount of school tax collected since the last report, whether 
upon the current year's tax list or delinquent tax. 

Second. The amount of interest collected since the last semi-annual 
report, and the amount, if any, not previously reported, upon loans of com- 
mon school funds, and on any indebtedness which is due or payable to said 
funds, arising from the sale of seminary property or otherwise. 

Third. The amount derived from liquor licenses and unclaimed fees not 
.previously reported. 



SCHOOL LAWS OF INDIANA 207 

Fourth. The total amount of school revenue thus eoUeeted and ready 
for apportionment. 

Fifth. The income derived from the congressional township school fund, 
including the interest on loans of said fund, and on deferred payments for 
school lands which have been sold, and the rents and profits derived from the 
leasing or renting of any such lands, or otherwise. 

Sixth. The amount of said income from the congressional township fund 
on hand for distribution in parts of the townships in the adjacent counties, 
specifying the amount on hand for each of the several counties. (§6467.) 

[Acts 1865, p. 3. Approved March 6, 1865.] 

407. When Congressional Township Divided. 112. When the con- 
gressional township lies partly in one county and partly in another, the 
auditor of the county in which the fund of such township is managed shall 
notify the auditor of the county in which any portion is situated of the 
amount due to such portion. (§6468.) 

408. Auditor Failing to Report — Penalty. 113. On the failure of 
any county auditor to make his said semi-annual report in time for said appor- 
tionments, his county shall be subject to a diminution of one hundred dollars 
in the next apportionment of said revenue by the superintendent. The 
sum thus withheld may be collected from said auditor, in a suit before a 
justice of the peace, prosecuted in the name of the state, by any person living 
in said county who has children enumerated for school purposes for the cur- 
rent year, who is aggrieved by said diminution. Said suit shall be com- 
menced within two years from the time when said report was due, and not 
afterward: Provided, That said auditor may discharge himself from liability 
to such suit by a certificate of the postmaster that said report was mailed 
in due time, together with his own affidavit of that fact. (§6469.) 

[Acts 1865, p. 3. Approved March 6, 1865.] 

409. Printed Statement. 115. Said superintendent shall make out 
and have printed a statement showing : 

First. The enumeration of children in each county. 

Second. The amount of school revenue ready for apportionment in each 
county, and the source from which the same is derived, including said addi- 
tion from the state indebtedness. 

Third. The distributive share thereof apportioned to each county. 

He shall file a copy of said statement with the auditor of state and treas- 
urer of state, and he shall forward a copy thereof, by mail, to each of the county 
auditors, county superintendents and county treasurers of thB state. (§6471.) 

410. Payment to Counties. 116. The auditor of state shall, at the 
time of making the semi-annual settlements with the several county treasurers, 
give them each a warrant on the state treasury for the distributive share of 
said revenue apportioned to their respective counties, the amount of which 
shall be retained by said treasurers out of the money or revenue in their 
hands; and the balance ascertained to be due to the state, of ordinary state 
revenue or other revenue, together with said warrant, shall be paid into the 



208 SCHOOL LAWS OF INDIANA 

state treasury. The settlement between the respective county treasurers 
and the auditor of state, and the drawing of the warrants for the amounts 
apportioned to their respective counties; the ascertainment of the balance 
payable into the state treasury, and the payq;ient of said balance, and re- 
tention by the county treasurers of their distributive shares of school revenue, 
according to said apportionment — shall be concurrent acts, and shall be 
done and performed in such a manner as to effect a complete semi-annual 
disbm-sement, from the state treasury to the several counties of the state, 
of all the school revenues then apportioned to them, and as soon as practicable 
after the apportionment is made. (§6472.) 

[Acts 1885. p. 208. Approved April 13, 1885.] 

411. Payment of Excess. 1. The auditor of state shall, at the time of 
making the semi-annual settlements with the several county treasurers, give 
them each a warrant on the state treasury for the state school revenues 
collected in their respective counties, the amount of which shall be retained 
by said treasurers, and when the superintendent of public instruction shall 
have made his semi-annual apportionments of school revenue for tuition to 
the several counties of the state, the auditor of state shall draw his warrant 
upon the state treasury to the respective county treasurers to which there 
may be due a greater amount than the state school revenue which has been 
collected in said counties, and for which a warrant as hereinbefore provided 
has been issued to them, and said county treasurers to whom warrants have 
been issued at the semi-annual settlements for more than their distributive 
share of said school revenue shall, upon notice being given them thereof by 
the auditor of state, forthwith pay such excess into the state treasury. (§6473.) 

[Acts 1865, p. 3. Approved March 6, 1865.] 

412. Unapportioned Balances. 117. If at any time, from any cause 
whatever, an unapportioned balance of school revenue shall appear in the 
state treasury, other than that which is nominally therein at the passage of 
this act, the superintendent of public instruction shall add said balance to 
the sum to be apportioned, and apportion it at the next succeeding appor- 
tionment after such balance so appears. (§6474.) 

[Acts 1897, p. 2 )X. Approved March 8, 1897.] 

413. County Auditor's Apportionment. 118. The auditor of each 
county shall, semi-annually, on the second Mondaj'' of July and on the last 
Monday in January make apportionment of the school revenue, to which 
his county is entitled, to the several townships and incorporated towns and 
cities of the county; which apportionment shall be paid to the school treasurer 
of each township and incorporated town and city by the county treasurer. 
In making the said apportionment and distribution thereof, the auditor shall 
ascertain the amount of the congressional township school revenue belong- 
ing to each city, town or township, and shall apportion the other school rev- 
enue, so as to equalize the amount of available school revenue for tuition to 
each city, town and township, as near as may be, according to the enumera- 
tion of children therein, and report the amount apportioned to the superin- 
tendent of public instruction, verified by affidavit: Provided, however, That 
in no case shall the income of the congressional township school fund belong- 



SCHOOL LAWS OF INDIANA 209 

ing to any congressional township, or part of such township, be diminished 
by such apportionment, or diverted or distributed to any other township: 
Be it also provided, That in making the said apportionment and distribution 
of the state tuition revenues apportioned to the county by the superintendent 
of pubUc instruction, in ease any school corporation shall not have expended 
for tuition purposes in any school year an amount as great as the amount of 
state tuition revenue apportioned and distributed to said corporation by the 
auditor for said school year, then it shall be the duty of the auditor, at the 
first apportionment, after the annual report of the receipts and expenditures 
of said school corporation shall have been filed with the county commissioners, 
to deduct from the whole amount of state tuition revenue apportioned to said 
school corporation an amount equal to the difference between the amount of 
state tuition revenue apportioned and distributed to said school corporation 
for use in such school year, and the whole amount shown by such annual 
report to have been actually expended for tuition purposes, and there shall 
be paid to the treasurer of said school corporation the sum remaining after 
such amount shall have been deducted, and the county auditor shall include 
aU such deduction in his report to the state superintendent of public 
instruction as tuition revenue collected in his county and ready for distribu- 
tion at the next apportionment: Provided, That funds arising from the local 
tuition tax shall not be considered in making the deductions provided for in 
this section, nor included in the said report to the state superintendent of 
public instruction. Any neglect or failure of any auditor to comply with 
the provisions of this section of this act shall be and constitute a misdemeanor, 
and upon conviction of any such auditor of the violation thereof, he shall 
be fined in any sum not less than the amount of such unexpended balance 
nor more than double the amount thereof. (§6475.) 

414. Apportionment Among Counties. 2. The state superintendent 
of public instruction shall, on the days fixed by law for his apportionment 
of the school revenue, in each year, add to the sum total of said revenue, in 
readiness in each county for apportionment, any amount in the state treasury 
ready for apportionment, together with 94.8 per cent of the sum collected 
by virtue of the levy provided for in section one of this act; and, after said 
addition, the superintendent shall apportion the whole of said sum to the 
several counties of the state, according to the last enumeration of children 
therein, with due reference to the diminution provided for by law. (§6433.) 

415. Distribution of 5.2 per cent of Fund. 3. A sum equal to 5.2 
per cent of the amount collected under the levy provided for in section one 
of this act, shall be a fund to be distributed as hereinafter provided. (§6434.) 

416. Town or Township Deficiency — Certificate. 4. Whenever any 
trustee of a township or board of trustees of any school town shaU ascertain 
that there is not a sufficient amount of tuition revenue in his or their hands to 
enable him or them to maintain the public schools therein for the minimum 
term now or hereafter provided by law in such current school year, he or they, 
as the case may be, shall certify in writing under oath such fact to the county 
superintendent of his or their county, stating therein the rate of the levy 
for local tuition pxu-poses on each one hxmdred dollars, and the taxes on_^each 
taxable poll made for the supplementary tuition tax by such township or 

8554—14 



210 SCHOOL LAWS OF INDIANA 

school town in the year immediately previous to the school year in which 
such deficiency occurs, or will occur; also, stating the full amount received 
for tuition from each source, the names and number of teachers employed, 
the rate per diem paid them, the number of days each has taught and when 
he began teaching, and an estimate of the amount that will be necessary 
over and above the tuition revenue then on hand to complete such legal 
minimum term of aU the public schools in such school corporation. Said 
certificate shall be executed in duplicate. Said county superintendent shall 
immediately examine such certificate, and if he shall find the facts stated 
therein to be true, and shall further find that such school corporation has 
levied the highest amount authorized by laAv for such school municipality 
as supplementary tuition tax for the year in which such deficiency will occur, 
he shall forward one of such certificates to the state superintendent of public 
instruction, together with the result of his examination, and with the name 
and postoffice address of such township trustee or the treasurer of such school 
corporation. (§6435.) 

417. Superintendent and Auditor — Duties. 5. Upon receipt of 
such statement from the county superintendent, the said superintendent of 
public instruction shall issue an order on the auditor of state in favor of such 
school corporation, if there be funds in the state treasury available for that 
purpose, for the amount necessary to bring the school term of said township 
or school corporation up to the, minimum legal term, specifying the name of 
the trustee of such township, or the treasurer of said town, and his postoffice 
address. And the auditor of state shall at once draw a Avarrant on the treas- 
urer of state, payable out of the fund provided for in section 3 of this act in 
favor of said township or town, payable to the trustee of such township or 
treasiu"er of such town, and mail the same to him : Provided, No such township 
trustee or treasurer of such school town shall be entitled to draw or receive 
the funds provided in this act unless said township trustee or school board 
of trustees has levied a local tuition tax of at least twenty-five cents on $100.00 
of taxable property in such township or school town: And 'providing, That 
where any such school trustee or corporation is maintaining a seven months' 
term of school and finds the amount of tuition revenue insufficient for such 
purpose, such trustee or the treasurer of such school corporation shall be 
entitled to draw or receive the funds provided in this act in the event only 
such trustee or school board has levied a local tuition tax of not less than 
forty cents on $100.00 of taxable property in such township or school town. 
(As amended 1907, p. 449, §6436.) 

418. Uses of Fund. 6. Said township trustee or school board of trustees 
shall use the amount so received from the state for the payment of the salaries 
of teachers employed in liis township or their town to enable him or them to 
maintain schools therein for the full term as required by law during the year 
for which it was received, and shall use it for no other purpose. (§6437.) 

419. Liability for Fund. 7. The township trustee, or treasurer of 
any town school board and the sm*eties on their bonds receiving such funds 
from the state, shall be liable for the same as for any other township or school 
funds they may receive in an official capacity. (§6438.) 



SCHOOL LAWS OF INDIANA 211 

420. Surplus. 8. Whatever unused surplus shall remain of the fund 
provided in section 3 of the act hereby amended at the close of any fiscal 
year shaU be and remain a part of the common school tuition fund of the 
state. (As amended 1907, p. 449. §6439.) 

[Acts 1865, p. 139. Approved March 21, 1865.] 

421. Interest on Sinking Fund. 1. All interest accrued or accruing 
on the sinking fund, or any other fund, held by this state for the benefit of 
the common schools of this state, on and after the first day of January, one 
thousand eight hundred and sixty-five is hereby set apart for distribution, 
as other revenues are distributed, for the support of the common schools of 
this state. (§6476.) 

[Acts 1897, p. 178. Approved March 6, 1897.1 

422. Surplus Dog Tax Fund. 13. The trustee shall register all losses 
in the order in which they are reported: Provided, That no person shall re- 
ceive pay for sheep, horses, cattle, swine or other live stock or fowls killed or 
maimed by any dog or dogs owned or harbored by himself: Provided, further, 
That the dog fund heretofore collected shall be added to and applied with 
the fund arising under the provisions of this act. And when it shall so occur 
on the first Monday of March of any year in any township in the State of 
Indiana that said fund shall accumulate to an amount exceeding one hun- 
dred doUars over and above orders drawn on the same, the surplus aforesaid 
shall be paid and transferred to the county treasurer of the county in which 
such township is located and the fund arising from such surplus from the 
township of the county shall constitute a county dog fund and shall be dis- 
tributed among the townships of the county in which the orders drawn against 
the dog fund exceed the money on hand. This distribution shall be made on 
the second Monday in March of each year, and if said county dog fund be 
insufficient to pay for all the live stock or fowls maimed or killed by dogs of 
all the townships, the distribution shall be made in the ratio of the orders 
drawn against the dog fund of the townships and unpaid and unprovided for, 
which ratio shall be obtained from the report of the trustees of the townships 
made to the auditor of the county which is hereby directed shall be made by 
each township trustee of the county upon the first Monday of March of each 
year, which report shall show aU receipts into the dog fund of his township, 
and aU orders drawn against the same in the order in which they were drawn. 
And when it shaU occiu* again upon the second Monday in March of any year 
that there is a surplus left of the county dog fund after provisions have been 
made for the payment for aU the live stock or fowls killed or maimed, of all 
the townships of the county, such surplus shall be distributed for the schools 
of the county in the same manner the common school revenue of such county 
is distributed. (§3270.) 

1. Towns and Cities. A town or city within a township is entitled to its propor- 
tionate share of the surplus dog fund. — Taggart v. State, 142 Ind. 668 (overruling 
School City of South Bend v. Jaquith, aoind. 495;; Maloy v. Madget, 47 Ind. 241. 
See Flower v. State, 133 Ind. 453. 

[Acts 1873. p. 68. In force March 8, 1873.] 

423. Duty of School Trustee, 7. The school trustees of every township 
incorporated town or city shall receive the special school revenue belonging 



212 SCHOOL LAWS OF INDIANA 

thereto, and the revenue for tuition which may be apportioned to his township, 
town or city by the state for tuition or the common schools, and shall pay out 
the same for the purpose for which such revenue[s] were collected and ap- 
propriated. Such trustees shall keep accurate accounts of the receipts and 
expenditures of such revenues, and shall render to the county commissioners 
annually, on the first Monday of August, for the school year ending on the 
31st day of July, and as much oftener as they may require, a report thereof 
in writing. Said board of commissioners shaU hold a session on said Monday 
to receive said reports. They shall clearly and separately state: 

First. The amount of special school revenue, and of school revenue for 
tuition, on hand at the commencement of the year then ending. 

Second. The amount of each kind of revenue received within the year, 
giving the amount of tuition revenue received at each semi-annual apportion- 
ment thereof. 

Third. The amount of each kind of revenue paid out and expended 
within the year. 

Fourth. The amount of each kind of revenue on hand at the date of said 
report, to be carried to the new account, and shall, with said report, present 
and file a detailed account current of the receipts and payments for the year, 
and support the same by proper vouchers, which report and account current 
shall each be duly verified by aiS davit, and when the said county commis- 
sioners are satisfied that said report is full, accurate, and right in all respects, 
and that said account is just and tr;!e, they shall allow and pass the same, 
which shall have the effec-t to credit the trustee for the expenditures. A copy 
of said report, as passed and allowed by the county commissioners, shall, 
within ten days after its date, be filed by the trustee with the county super- 
intendent of the county, and uoon failure of the trustee to discharge any of 
the duties required of him relative to schools and school revenues, the board of 
county commissioners shall cause suit to be instituted against him on his 
official bond, and in case of recovery against him, the court rendering the 
judgment shall assess upon the amount triereof ten per cent damages, to 
be included in said judgment. (As amended Acts 1883, p. 118. §6407.) 

424. Annual Statement. 9. The township trustees and the school 
trustees of incorporated towns and cities shall, immediately after their annual 
settlements with the county commissioners in October, make a full statement 
of aU their receipts and expenditures, for the year preceding, relative to their 
schools. (§6409.) 



SCHOOL LAWS OF INDIANA 



213 



CHAPTER XXII. 

The Fund. 



Sec. 

42.5. What constitutes. 

426. Transfer and distribution of funds. 

427. Estrays and property adrift. 

428. Co unty coroners — F iinds not called 

for — Disposition. 

429. Ferry — Circus — Traveling mer- 

chant' — License. 

430. License fund paid to school fund. 

431. Penalty. 

432. Hydrophobia fund — County audit- 

or. 

433. Counties liable. 

434. Account of fund. 

435. Custod y of lands — Report of income. 

43 6 . Leasin g lands . 

437. Divided school section. 

438. Boundaries of townships. 

439. School township, when county 

Unes divide. 

440. Auditor's statement as to children. 

441. Auditor's duty. 

442. Account and distribution. 

443. Duties of the other auditor. 

444. Account — Re-adjustment. 

445. Power of trustee. 

446. Sale of school lands. 

44 7 . Proceedings to sell . 

448. Ballots. 

449. Results of election. 

450. Certificate of vote. 

451. Trustee's duty. 

452. Order and conduct of sale — Fee. 

453. Terms of sale — Timber. 

454. Forfeiture — Re-sale. 

455. Forfeiture, how prevented. 

456. Forfeiture — Liability for waste. 

457. Suit for waste. 

458. Private sale. 

459. Re-appraisement. 

460. Sale of real estate, appraisement — 

Notice — Terms. 

461. Advertisement of funds. 

462. Re-appraisement of forfeited lands. 

463. Appropriation by commissioners. 

464. Certificate of purchase. 

465. Rights of purchaser. 

466. Failure to make first payment — 

Penalty. 

467. Assignment. 

468. Defective assignments — Proceed- 

ings. 

469. Loan of piirchase money. 



Skc. 

470. Payments. 

471. Lost certificate. 

472. Purchase money, where paid. 

473. Duty of auditor. 

474. Deed. 

475. Sale— Legalization. 

476. Title, when complete. 

477. Sale had without vote. 

478. Compensation on failure of title. 

479. Lands of surplus revenue fund — 

How sold. 

480. Interest — Judgment. 

481. Advertisement of funds. 

482. County auditor — Penalty. 

483. Auditor's duty. 

484. Appraisement. 

485. Duty of appraisers. 

486. Loans outside of county. 

487. Limit of loan. 

488. Oath of applicant. 

489. Time of loan. 

490. Loan of school and university 

fimds. 

491. Limit of loan. 

492. Percentage of value of land. 

493. County Auditors — School fimds — 

Loan on mineral land. 

494. Length of time. 

495. County may borrow. 

496. Note of county — County council. 

497. Auditor's warrant. 

498. Rate of interest. 

499. Payment of loan. 

500. Transfer from one county to 

another. 

501. Certificate as to leins. 

502. Limit of amount. 

503. Acknowledgements and oaths. 

504. Record of mortgages — Priority. 

505. Aiiditor's duty. 

506. Fees. 

507. Interest unpaid — Auditor's duty. 

508. Collection on default. 

509. Fund to be specified. 

510. Form of mortgage. 

511. Form of note. 

512. Schools — Renewal of school fund 

mortgages — Duties of auditor. 

513. Warrant to borrower. 

514. Payments — Quietus. 

515. Indorsements and satisfaction. 

516. Preamble. 



214 



SCHOOL LAWS OF INDIANA 



SEC. 




.SEC. 






517. 


Schools — Mortgages on lands^ 


534. 


Satisfaction of mortgages. 






Clerk of court — Satisfaction of 


535. 


Annual report. 






Judgments. 


636. 


Daty of boards. 




518. 


Sioit for deficiency. 


537. 


Board's report. 




519. 


Notice of sales. 


538. 


Disposition of report. 




520. 


Manner of saie — Surplus. 


539. 


Apportionment of loans. 




521. 


Auditor's bid. 


540. 


Miscellaneous school fund 


account. 


522. 


Sale of lands bid in . 


541. 


Distribution and report. 




523. 


Deed by Auditor. 


542. 


Penalty against Auditor. 




524. 


Statement of sales. 


543. 


School ftmds — Expense in 


making 


525. 


Title in state without deed. 




loans. 




526. 


Conveyance to county. 


544. 


Repeal of order. 




527. 


Suit to foreclose. 


545. 


Appropriations — County council. 


528. 


Purchase by county. 


546. 


Real estate sales legalized. 




529. 


Lease of land purchased. 


547. 


Title to lands — Auditor's 


deed to 


530. 


Sale of land — Appraisement. 




quiet. 




531. 


Deeds. 


648. 


Wills — Public bequests— 


-Exempt 


532. 


Sales legalized. 




from taxation. 




533. 


Act supplemental. 









[Acts 1865, p. 3. Approved March 6, 1865.] 

425. What Constitutes. The funds heretofore known and designated 
as the surplus revenue fund, all funds heretofore appropriated to the common 
schools, the Saline fund, the bank tax fund, the fund which has been derived 
or may be derived from the sale of county seminaries and the property belong- 
ing thereto, the moneys and properties heretofore held for such seminaries, 
all fines assessed for breaches of the penal laws of the state, all forfeitures 
which may accrue, all lands and other estate which shall escheat to the state 
for want of heirs or kindred entitled to the inheritance thereof, all lands which 
have been granted, or may be granted hereafter, to the state, when no special 
object is expressed in the grant, the proceeds of the sales of the swamp lands 
granted to the State of Indiana by the act of congress of September, 1850, 
the taxes which may be assessed from time to time upon the property of 
corporations for common school purposes, and the fund arising from the one 
hundred and fourteenth section of the charter of the state bank of Indiana, 
shall be denominated the "common school fund." The fund derived from the 
sale of congressional township school lands, and the unsold congressional 
township lands, at the reasonable value thereof, shall be denominated the 
"congressional township schoolfund," andshaUnever be diminished in amount, 
the income of which, together with the taxes mentioned and specified in the 
first section of this act, the motiey and income derived from licenses for the 
sale of intoxicating liquors, and unclaimed fees, as provided by law, shall 
be denominated the "s3hool revenue for tuition," the whole of which is 
hereby appropriated, and shall be appKed exclusively to furnishing tuition 
to the common schools of the state, without any deduction for the ex',>enses 
of collection or disbursement. (§6182.) 

1. Two Distinct Funds. This section, in conformity with the decisions cited 
under section 1, provides that there shall be two distinct funds, the "common school 
fund" and the "congressional township school fund," which must be kept apart and 
managed separately (§482). Under the former title are consolidated all the funds 
named in the constitution, except the congressional township fimd, and in addition 
thereto "all funds heretofore appropriated to common schools," referring to all moneys 
arising from the sale of estray animals, and property taken up adrift, which were 



SCHOOL LAWS OF INDIANA 215 

by an act approved January 15, 1844 (§480), transferred to the common school fund 
of the county to be ratably apportioned among the several school districts thereof. 
Neither of these funds shall ever be diminished, for the term common school fund in 
the constitution includes both. — Davee v. State, 7 App. 71. 

[Acts 1907, p. 64. In force April 10, 1907.] 

426. Transfer and Distribution of Funds. 1. That balance now in 
the state treasury and designated in the accounts of the office of the auditor 
of state as "eommon school fund balance," "old sinking fund," "surplus 
revenue fund," "excess bid sinking fund," "sales common school lands" and 
"sales swamp land" are hereby declared to be a part of the common school 
fund of the state, and the auditor of state is hereby directed to distribute 
such funds to the several counties of the state u^on the basis of the last 
enumeration of school children reported for the purpose of distribution of 
the school revenue for tuition. When such distribution is made, warrants 
for the sum due to each county shall be drawn upon the state treasury and 
payment thereof made to the several county treasurers of the state. The 
funds so paid shall be and become a part of the common school funds of the 
state in the control of the respective counties and shall be loaned and man- 
aged by the several counties and kept and preserved inviolate in the same 
manner as the other common school funds of the state are now loaned, man- 
aged and preserved. Any funds which shall hereafter accrue to the state 
and be paid into the treasury thereof on account of either of -such funds, or 
on account of any other fund, which by the constitution and laws of this 
state, becomes a part of the common school fund, shall be by the auditor 
of state bi-annually distributed to the several counties to be by them held, 
as provided in this section, and the laws of this state, and such subsequent 
distribution shall be made upon the basis of the then last preceding enumera- 
tion of the school children of the state. 

Memoranda. 

Common scIjooI fund balance, $5,741.52; old sinking fund, $467.78; 
surplus revenue fund, $500.00; excess bid sinking fund, $1,933.25; sales com- 
mon school lands, $9,323.38; sales swamp lands, $23,598.55; unclaimed es- 
tates, $58,064.47; total, $99,628.95. (§6183.) 

1. For section 2 of this act providing for suits to have escheated estates declared a 
part of the common school fund, see §3006. 

[Acts 1844, p. 86. Approved and in force January 15, 1844.] 

427. Estrays and Property Adrift. 1. All moneys arising from the 
sale of estray animals and property taken up adrift, so soon as the same shall 
have vested absolutely in any county, shaU be by the proper officers transfer- 
red to the common school fund of the county, and shall be ratably apportioned 
amongst the several school districts [corporations] thereof. 

428. County Coroners — Funds not Called for — Disposition. 12. 

It shall be the duty of the treasurer if the money aforesaid shall not be called 
for within one year from the time of receiving the same, to place said sum of 
money to the credit of the common school fund principal, and where there is 
any money now heretofore loaned by the county treasurer on aecoimt of the 



216 SCHOOL LAWS OF INDIANA 

provisions of this act, then said money, principal and interest shall become a 
part of the common school fund of the state as soon as practicable. (§9444.) 

WJien the property found on the body is not claimed, it becomes thd property of the 
school fund of the county. — State v. Board, 85 Ind. 489. 

[Acts 1917, p. 134.] 

429. Ferry — Circus — Traveling Merchant — License. 1. That for 
a Ueense to keep a ferry, there shall be paid to the proper county treasurer 
not less than three dollars ($3) nor more than fifty dollars ($50). 

For traveUng merchants and peddlers, who are not residents of this state, 
to vend foreign merchandise, five dollar ($5), where the capital employed does 
not exceed one thousand dollars ($1,000); seven dollars and fifty cents ($7.50) 
for any amount over one thousand dollars ($1,000) and not exceeding two 
thoasand dollars ($2,000) ; ten dollars ($10) for any amount over two tiiousand 
doUars ($2,000) and not exceeding five thousand dollars ($5,000); and twenty 
dollars ($20) for any amount exceeding five thoasand dollars ($5,000) ; to be 
paid in each county where they shall offer for sale any such merchandise. 

To exhibit, for pay, any caravan, rope or wire dancing, legerdemain, 
ventriloquism, puppet-show, concert, or any other similar exhibition of what- 
ever name or description, except carnivals, circuses, wagon shows, whether 
by traveling or stationary troupe or troupes, individually or collectively, 
one dollar ($1) for each separate performance. 

To exhibit any carnival, five dollars ($5) per day for each separate attrac- 
tion or show constituting such carnival. Which said hcense fee shall be paid, 
personally by the owner or agent of the person, firm or corporation owning 
or operating said carnival. 

To exhibit any circus or tent show, five dollars ($5) per day if less than 
ten (10) cars are required to transport such circus; fifteen dollars ($15) per 
day if at least ten (10) cars but less than twenty (20) cars are required; 
twenty dollars ($20) per day if at least twenty (20) cars but less than forty 
(40) cars are required; and twenty-five doUars ($25) per day if forty (40) 
cars or more are required. 

To exhibit any wagon show, one dollar ($1) per day. 

Each theater and moving picture show shall pay an annual hcense fee of 
five dollars ($5). 

At least ten (10) days prior to the date on which any such circus, tent 
show or carnival enters the state, the responsible agent of the person, firm 
or corporation owning or operating any such circus, tent show or carnival, 
shall file with the auditor of state a statement designating the proposed or 
contemplated itinerary of such circus, tent show or carnival through the state 
with a schedule of the name of aU cities or towns in which such circus, tent 
show or carnival is to be exhibited. If any change or changes are made in the 
proposed itinerary or the schedule of cities or towns in which such circus, 
tent show or carnival is to be exhibited, a supplemental statement or supple- 
mental statements shall be filed with the auditor of state accordingly, indicat- 
ing such change or changes. 

To carry on the business of stock and exchange broker, in buying or selling 
stock, bank notes, gold, silver, promissory notes and bills of exchange, whether 
by individuals or corporations, one hundred dollars ($100) for one (1) year: 



SCHOOL LAWS OF INDIANA 217 

Provided, All actions and right of actions now pending under provisions of 
the act which is by this act repealed may be prosecuted under the provisions 
of the law in force at the time this act took effect. 

430. License Fund Paid to School Fund. 2. The money arising from 
the exhibitions mentioned in the foregoing section shall be paid over, by the 
county treasurers of their respective counties, to the treasurer of state on the 
first day of each calendar month and shall be added to the school fund and 
distributed as other money in the school fund is distributed. 

431. Penalty. 3. That any person, firm or corporation that shall 
fail or refuse to pay the license fees provided for by this act, shall be deemed 
guilty of a misdemeanor and upon conviction shall be fined in any sum not 
exceeding fifty dollars ($50). Each day's failure to pay said license fee shall 
be considered a separate and distinct offense. 

[Acts 1911, p. 161. Approved March 2, 1911.] 

432. Hydrophobia Fund — County Auditor. 1. The county auditor 
shall annually on the first of April of each year pay to the state auditor 
five per cent of the surplus dog tax collected from the townships of the 
county. The amount received from all county auditors shall constitute a 
state hydrophobia fund in the state treasury: Provided, That if at the end 
of the fiscal year such fund shall exceed three thousand dollars ($3,000) the 
surplus shall be turned into the school fund of the state. 

The remaining sections of this act relate to the treatment of hydrophobia by the 
state authorities. 

[Acts 1865, p. 3. Approved March 6, 1865.] 

433. Counties Liable. 3. The several counties of this state shall be 
held liable for the preservation of so much of said fund as is intrusted or may 
have been intrusted to them, and for the payment of the annual interest 
thereon at the rate established by law, the payment of which interest shall 
be full and complete every year, and shaU so appear in the auditor's report 
to the superintendent of public Instruction; and the said superintendent 
shall, at any time, when he discovers, from the report or otherwise, that there 
is a deficit in the amount collected, for want of prompt collection, or other- 
wise, direct the attention of the board of county commissioners and the county 
auditor to the fact, and said board of commissioners are hereby authorized 
and required to provide for such deficit in their respective counties. (§6184.) 

1. Interest. This section is designed to carry out the requirements of the con- 
stitution (§6). The interest on the schools funds is at the rate of six per cent. 

2. Deficits Made up. The board of county commissioners is required to make 
up losses to both the principal and interest of the funds, at their June meeting (§547), 
by authorizing the auditor to draw a warrant for the amount of the deficit upon the 
general fund of the county in favor of the particular school fimd found deficient, and 
upon failure of the board so to act they become liable to an action in the name of the 
state upon the relation of the superintendent of pubhc instruction, who may notify the 
proper prosecuting attorney to bring such action. 

434. Account of Fund. 151. The county auditors of the several 
counties of this state shall, immediately upon the taking eflect of this act, 
open an account upon their books with each of the congressional townships 
of their respective counties whose funds are managed by them, and transfer 



218 SCHOOL LAWS OF INDIANA 

to such account from the common school fund account the principal of the 
congressional township fund, as it existed before its consolidation with the 
common school fund, and shall thereafter keep a separate account of the 
principal and interest of the congressional township fund of each township. 

(§6185.) 

1. Separation of Funds. This section requires the separation of the congres- 
sional township fund from the common school fund, with which it had been consohda- 
ted by the school law of 1852 in accordance with the constitution (§1). But the courts 
have held that the proceeds of the sale of the school sections could not be diverted 
from the use of the inhabitants of the congressional townships, to whom they had been 
granted by the United States. — State v. Springfield Tp., 6 Ind. 83; 22 How. (U. 
S.) 56; Quick! v. Whitewater Tp., 7 Ind. 570; Quick v. Springfield Tp., 7 Ind. 636. 

2. Proceeds of Lands. When the school sections have been sold, the proceeds 
of the sale are managed by the county auditor, and the interest thereon distributed 
by him through the county treasury to the proper school trustees. — Davis v. State, 
44 Ind. 38; afllrmed, 94 U. S. (4 Otto) 792. 

[Acts 1873, p. 79. Approved March 7, 1873.] 

435. Custody of Lands — Report of Income. 44. The custody and 
care of all lands belonging to the congressional township fund shall be vsdth 
the trustee of the civil township in which the same shall be situated ; who shall 
report, annually, to the auditor, by the fourth Monday in March, the annual 
income derived therefrom, to the township. And the report shall embrace a 
fully itemized statement of his rent account of such lands; to whom and for 
what amount the same was rented to each tenant; and whether the rents have 
been collected or not; and if any portion has not been eoUeeted, he should 
state fully the reasons why the same has not been collected. Any trustee who 
has heretofore failed and neglected to so report shall embrace in his first report 
such itemized statement and showing for each preceding year not so reported, 
whether by himself or his predecessors; and the amount of school funds for 
any year, to which such township might otherwise be entitled, shall be with- 
held, and not paid over" to such trustee, if the rental value of such lands for 
such terms shall equal or exceed the township's otherwise portion of the school 
fund ; and it shall be the duty of such trustee to pay into the county treasury 
all rents collected and reported by him as aforesaid. (§6186.) 

1. Rents Distributed. The rents of school lands shall be paid into the county 
treasury, to be distributed by the auditor together with, and in the same manner, as 
the interest on the congressional township fund. And a township trustee who fails 
to pay the rents into the county treasury, as therein required, is, with his county, 
liable on his bond for the amount, with ten per cent damages in a suit in the name of 
the state on relation of the board of commissioners. — Davis v. State, 44 Ind. 38; Davis 
V. Indiana, 94 U. S. (4 Otto) 792. 

436. Leasing Lands. 45. He shall have power, when directed so to do 
by a vote, or by the written direction of a majority of the voters of the con- 
gressional township to which the same belongs, to lease such lands for any 
term not exceeding seven years, reserving rents, payable in money, property, 
or improvements upon the land, as may be directed by a majority of such 
voters. (§6187.) 

437. Divided School Section. 46. When the sixteenth section, or the 
section which may be granted in lieu thereof, shaU be divided by a county or 
civil township line, or where the substituted section lies in any other county 



SCHOOL LAWS OF INDIANA 219 

in the state, the voters of the congressional township to which the same be- 
longs shall designate, by vote or by the written direction of a majority, the 
trustee of one of the civil townships including a part of said section, to have 
the care and custody of said section, and to carry out the directions of the 
voters of the township in relation thereto ; and the trustee so designated shall 
have the same powers and perform the same duties as if the entire section was 
situated within the limits of the civil township, and receive from the county 
treasurer the revenue derived from funds accrued from said sale. (§6188.) 

438. Boundaries of Townships. 148. The county commissioners of 
each county are required to conform the boundary of their civil townships to 
those of congressional townships, so far as it is practicable to do so. (§6189.) 

[Acts 1877, p. 66, Approved March 12, 1877.] 

439. School Township, when County Lines Divide. 1. Where 
county lines divide a congressional township, the proper officer in the county 
in which the congressional school lands are situated, or would be situated if 
unsold, shall control such lands and the funds arising therefrom, as in this act 
is provided. (§6190.) 

440. Auditor's Statement as to Children. 2. When the enumeral 
tion is made of children, under the school laws, the auditor of each county 
shall furnish to the auditor of the other a statement showing the number of 
children in each congressional township; and to enable him to do this correctly, 
the person or officer making the enumeration shall correctly state the number 
of children in the congressional township so divided by county lines. (§6191.) 

441. Auditor's Duty. 3. The auditor of the county having control of 
the fund shall open an account with the other county as to each congressional 
township, and credit said other county with all money on hand, all securities 
for lands sold, and, if any lands be unsold, with the proceeds when sold; and, 
from time to time, as money comes in, shall credit such county with such money 
— that is to say, shall divide such money pro rata on the basis of such enumera- 
tion and enter the credit; and shall pay over such money, be it little or much, 
to the treasurer of such other county, file his receipt with the auditor and take 
a quietus, and so continue until the whole portion due such other county is 
paid over. Such payments shall be made quarterly, to correspond with the 
fiscal year. (§6192.) 

442. Account and Distribution. 4. Such auditor to the county con- 
trolling such lands and fund shall also open an account with such lands and 
with the township in his own county divided by county line, and shall debit 
and credit such accounts as he receives money or securities from sales or 
collections from lands forfeited and resold, and all expenses in full and regular 
order of entry and accounting, so he can teU, at any time, the condition of the 
lands, funds and securities. He shall collect in, as fast as possible, all 
moneys outstanding, make proper distribution as per enumeration, and credit 
the proper account in said county, and continue to pay over to the other 
cotinty, as above provided, until each county has its proper proportion of 
said funds. (§6193.) 

443. Duties of the Other Auditor. 5. The auditor of such other 
county shall open an account with the proper township in his county, and 



220 SCHOOL LAWS OF INDIANA 

credit such fund as fast as received; and, when in sufficient amount, shall 
loan the same as now required by law. Both aaditors shall make a statement 
of the condition of the fund annually, at the end of the proper fiscal year, 
and file one copy with the superintendent of public instruction, lay one before 
the county commissioners (which latter shall be spread upon their record), 
and both shall be sworn to by the auditor. (§6194.) 

444. Account — Re-adjustment. 6. The process contemplated by 
this act shall continue so long as any lands remain unsold, or any securities 
are uncollected, and until each county shall have become possessed of its 
proper share of such fund in money, when the accounts here requi.ed to be 
kept shall be closed and reported as aforesaid: Provided, That in the year 
1890, and every two years thereafter, there shall be a readjustment of said 
fund belonging to such congressional township, upon the basis of the number 
of children enumerated in each part of such congressional township, as 
hereinbefore provided; and the auditor having a surplus of such fund, ac- 
cording to such basis, shall pay to the treasurer of the county interested the 
amount of money due said county upon the per capita basis then existing. 
For the services here j-rovided for, the auditor shall be allowed the same 
fees for records, certificates and other labor, as is allowed by law for other 
similar services. (§6195.) 

1. The auditor's fee must be paid out of the general fund of the county. — Hanlon 
V. Board, 53 Ind. 123. 

[Acts 1865, p. 3. Approved March 6, 1865.] 

445. Power of Trustee. 47. The proper trustee shall have all the rights 
and powers of a landlord, in his official name, in coercing fulfiUment of con- 
tracts relating to such lands, and preventing waste or damage, or for the 
recovery of the same when committed. (§6196.) 

446. Sale of School Lands. 48. At any time when five voters of any 
congressional township shall, by petition to the trustee having charge of the 
school lands belonging to su-'h township, set forth their desire for the sale 
of aU or any part of the school land, the trustee shaU give public notice, in 
five public places in such township, of the time and place in such township 
when and where balloting will be had to determine whether the lands shall be 
sold as petitioned for or not; whi^h noti'-e shall be given at least twenty days 
before the time specified therein. (§6197.) 

1. When Petition Necessary. A petition is only necessary where land is sold 
the first time, and is not necessary where it is sold to recover the purchase money. — 
McPheters v. Wright, 110 Ind. 519. 

447. Proceedings to Sell. 49. A copy of such petition shall be entered 
on the book containing the record of the proceedings of such trustee; and his 
action thereon shall, also, be recorded. (§6198.) 

448. Ballots. 50. If a voter favor the sale of such lands, he shall write 
on his ballot the word "sale;" if he opposes the sale, he shall write the words 
"no sale." (§6199.) 

449. Results of Election. 51. No sale shall be allowed unless a majority 
of all the votes cast at such election shall be in favor of such sale; nor unless 
the number of votes constituting such majority shall exceed fifteen. (§6200.) 



SCHOOL LAWS OF INDIANA 221 

450. Certificate of Vote. 52. The trustee shall attend at the time and 
place specified, and shall make out a certificate showing the number of votes 
given for and against the sale; which shall be signed by him and filed in his 
office; and he shall enter the same upon his record-book. (§6201.) 

451. Trustee's duty. 53. Said trustee, if satisfied that a majority of 
all, and more than fifteen, voters have voted for such sale, shall enter the 
same on his record-book, and proceed: 

First. To divide the lands, so voted to be sold, into such lots as will secure 
the best price. 

Second. Ta affix a minimum price to each lot, not less than one doUar 
and twenty-five cents per acre, below which it shall not be sold. 

Third. To certify such division and appraisement to the proper county 
auditor, together with a copy of all his proceedings in relation to the sale of 
said lands. (§6202.) 

452. Order and Conduct of Sale — Fee. 54. Such certificate and 
return shall , by such auditor, be laid before the board of county commissioners, 
at their first meeting thereafter; and said board, if satisfied that the require- 
ments of the law have been substantially compUed with, shall direct such 
lands to be sold; which sale shall be conducted as follows: 

First. It shall be made by the auditor and treasurer. 

Second. Four week's notice of the same shall be given, by posting notices 
thereof in three public places of the township where the land is situated, and 
at the court bouse door, and by publication in a newspaper printed in said 
county, if any — otherwise, in a newspaper of any county in the state situated 
nearest thereto. The sale shall be made by the auditor, at public auction, 
at the door of the court house of the county in which the land is situated, and 
the treasurer shall take an account thereof; and each of said olficers, for making 
such sale, shall receive a fee of one doUar. to be paid by the purchaser. 
(§6203.) 

[Acts 1873, p. 134. Approved March 9, 1875.] 

453. Terms of Sale — Timber. 55. One-fourth of the purchase-money 
shall be paid in hand and the interest for the residue for one year in advance, 
and the residue in ten years from such sale, with like interest annually in 
advance; and deferred payments shall be regarded as a part of the congres- 
sional township school fund, and reported as such by the auditor to the super- 
intendent of public instruction: Provided, That when one-fourth part or 
more of the value of the lands so sold, at the time of such sale, shall consist of 
the timber growing thereon, the terms of sale in such case may be as follows, 
viz.: At least one-half of the purchase-money cash in band, and interest 
for the residue for one year in advance, and the residue in annual payments 
in not exceeding ten years from such sale, with like interest annually in 
advance; and in such case the terms of sale shall be set forth in the notice 
provided for in the preceding section: And provided further. That whenever 
the purchaser of any such land shall be proceeding to cut or remove, or 
threaten to cut or remove, from such lands, so sold, timber growing or being 
thereon, to such an extent that the land, after the cutting or removal of such 
timber, shall not be equal in value to the amount of purchase money, with 



222 SCHOOL LAWS OP INDIANA 

interest then remaining unpaid, it shall be the duty of the trustee of the civi.' 
township in which such land is situated (and he is hereby authorized and 
empowered) to commence and maintain an action, in the name of such 
township, in the circuit court of the county, to restrain and enjoin the further 
cutting or removal of such timber. ( §6204.) 

1. County Liable for Interest. The county is chargeable with interest on the 
entire amount of the price of the land, and the default of a purchaser of the land In 
paying deferred instalments, and its conseciuent forfeiture of the land to the school 
fund, does not relieve the county of liability for interest on the fall amount. — Board of 
Commissioners v. State, 120 Ind. 442. 

2. Injunction. It is the duty of the prosecuting attorney to bring the salt for 
an injunction, at the request of the trustee. — Baldwin, Att.-Gen. 

[Acts 1865, p. 3. Approved March 6, 1865.] 

454. Forfeiture — -Resale. 56. On failure to pay such annual interest 
when it becomes due, the contract shall become forfeited and the land shall 
immediately revert to the township; and the auditor and treasurer shall 
proceed, forthwith, again to seU the same, in like manner and on the terms 
above specified. If, on such second sale, such land shall produce more than 
sufficient to pay the sum owing therefor, with interest and costs, and five 
per cent damages, the residue shall, when collected, be paid over to the pur- 
chaser or his legal representative. ( §6205.) 

455. Forfeiture — How Prevented. 57. At any time before the sale, 
payment of the interest due and all costs, together with two per centum 
damages on the principal sum and interest dae and owing for said land, shall 
prevent such sale and revive the original contract. (§6206.) 

456. Forfeiture — Liability for Waste. 58. In case of such for- 
feiture, the original purchaser may be sued for waste or unnecessary injury 
done to such land. (§6207.) 

457. Suit for Waste. 59. Such suit shall be prosecuted by the auditor, 
in the name of the state, for the use of the proper congressional township. 
(§6208.) 

458. Private Sale. 60. When any land offered for sale at public auc- 
tion shall remain unsold, the county auditor may dispose of the same at 
private sale for the best price that can be had therefor, not being less than 
the minimum price affixed thereto. (§6211.) 

1. When Sale Authorized. This section authorizes a private sale only where 
the land has been offered for sale at public auction and remains unsold. — McPheters v. 
Wright, 110 Ind. 519. 

459. Reappraisement. 61. After the expiration of the term of four 
years after any appraisement and offer for sale of any lands in this state 
belonging to any township for school purposes, and such lands remain unsold, 
it shall be lawful to reappraise, sell and dispose of said lands in the same man- 
ner that they would have been had such lands not been previously offered 
for sale: Provided, however, That such appraised value shall not be below the 
minimum price now fixed by law. (§6212.) 



SCHOOL LAWS OF INDIANA 223 

[Acts 1917, p. 340.] 

460. Sale of Real Estate, Appraisement — Notice — Terms. 1. 

That whenever it shall appear that real estate which has been purchased for 
school experimental purposes is undesirable or unnecessary for the further- 
ance of such purposes, and unneoessary to the school corporation owning 
same, such school corporation may through its duly elected or appointed 
and legally empowered official or officials cause such real estate to be appraised 
under oath by three (3) disinterested freeholders of the township in which 
same is situated and may sell same, or any part thereof at public sale for not 
less than the appraised value, after three (3) weekly advertisements of the 
time and place of such sale, with a full description of such property pub- 
lished in a newspaper of general circulation in the county in which such real 
estate is situated, and such real estate shaU be sold to the highest bidder 
upon terms of one-third (1-3) cash, and balance in one (1) and two (2) years 
in equal instalments with six per cent (6%) interest upon the deferred pay- 
ments. The proceeds of such sale shall be paid into the school fund of such 
school corporation. 

[Acts 1883, p. 75. Approved Marcb 3, 1S83.] 

461. Advertisement of Funds. 1. Whenever, in any county of the 
State of Indiana, the school fund, or any part of the school fund, apportioned 
to such county to be loaned out, remains unloaned, it shall be the duty of the 
auditor of said county to advertise, in the months of January, April, July 
and October, for three eonsecative weeks, in a weekly newspaper published 
in said county, that such amount of school fund remains unloaned, and that 
appHcants for loans can secure the same by applying at his office and fulfilling 
the requirements of the law under which he is authorized to loan out the school 
fund. (§6253.) 

[Acts 1883, p. 79. Approved March 3, 1883.] 

462. Reappraisement of Forfeited Lands. 1. All lands which have 
become forfeited and have reverted, or may hereafter be forfeited and revert 
to the various townships in the several counties of this state, for failure to 
pay the interest or principal of the amount due ttiereon to the school fund, 
and which have remained or hereafter remain unsold for the period of three 
years, by reason of the amount due thereon being in excess of the values of 
said lands, may be reappraised and sold for a sum not less than said reap- 
praised value thereof; and such reappraisement and sale to be made in the 
same manner and upon the same terms and conditions as is now prescribed 
by law for the appraisement and sale of such lands. (§6209.) 

1. To What Land Appliable. This section relates to the sale of congressional 
township lands, and it has no reference to the right of the county to be reimbursed for 
interest paid on loans out of the proceeds of a sale under a mortgage after the principal 
has been paid to the state.— Board v. State, 122 Ind. 333. 

463. Appropriation by Commissioners. 2. Upon the sale of such 
lands as provided for in the preceding section of this act, the board of county 
commissioners of the several counties in which said lands are situated may 
make an appropriation, from the general county funds, a sum equal to the 
difference between the amount for which said lands shall have been for- 



224 SCHOOL LAWS OF INDIANA 

feited and the amount for which such lands shall have last sold; said sum 
appropriated to be placed to the credit of the proper f and and loaned as other 
school funds are loaned. (§6210.) 

464. Certificate of Purchase. 62. A certified statement of such sale 
shall be made and signed by the auditor, and, being first recorded by such 
auditor in the records of the board of county commissioners, shall be delivered 
to the pur-^haser when he makes his fu'st payment, and shall entitle him to a 
deed when the terms of such parchase shall have been fully complied with. 
(§6213.) 

465. Rights of Purchaser. 63. Every purchaser, until forfeiture, shall 
be entitled to all the rights of possession before existing in such trustee or 
township, and to all rights and remedies for rents becoming due or breaches 
of covenant occurring after his purchase under any lease existing at the time 
of his purchase, and for aU waste committed thereafter. (§6214.) 

466. Failure to Make First Payment — Penalty. 64. A purchaser 
at such sale failing to make the first payment as above requu-ed shall pay 
ten per centum on the sum bid, to be recovered by action before any court 
having jurisdiction, to be prosecuted by the county auditor in the name of 
the state for the use of the proper township; and the auditor and treasurer 
shall be competent witnesses. ( §6215.) 

1. Tender op Deed. In a suit to recover the flnai instalment of purchase 
money, a deed should be flrst made and tendered. — -Johnson v. State, 74 Ind. 588. 

467. Assignment. 65. No assignment of a certificate shall be valid 
unless acknowledged before some officer authorized to take acknowledgments 
of deeds or before the county auditor, who shall, in all such cases, record 
the same. Assignments of certificates heretofore made before any officer 
authorized to take acknowledgments of deeds, when recorded, shall be as ' 
vaHd as if acknowledged before the county auditor. (§6216.) 

[Acts 1863, p. 11. Approved February 27, 1863.] 

468. Defective Assignments — Proceedings. 1. Whenever the cer- 
tificate of the school commissioner or auditor of any county of this state, 
issued for land sold, has been assigned by any person without a proper 
acknowledgment before the county auditor or other proper officer, or assigned 
by deUvery, and such assignor is deceased, any assignee of such certificate, 
elaimng title to the land described therein, may file his complaint in the 
proper circuit court, making the county auditor and the heirs of such de- 
ceased assignor parties thereto. If it shall be proved to the satisfaction of 
the court that the plaintiff, or any party to the cause is the equitable owner 
of the land, and the purchase money has been fully paid to the school fund, 
the court shall direct the auditor to execute a proper conveyance to the plain- 
tiff or other parties entitled thereto, although the certificate has not been 
properly assigned or the assignment thereof properly acknowledged by the 
decedent. AU other persons claiming any interest in the land may, on their 
application, be made parties and heard in the case. The auditor shall execute 
a conveyance, according to the directions of the court; and snch conveyance 
shall vest in the grantee the title of said land as fuUy and to all intents and 



• SCHOOL LAWS OF INDIANA 225 

purposes as if tlie certificate had been legally assigned and the assignment 
properly acknowledged. (§6217.) 

[Acts 1S65, p. 3. Approved March 6, 1865.] 

469. Loan of Purchase Money. 66. When the residue of the purchase 
money becomes due, the purchaser may retain the same as a loan for a 
term not exceeding three years, on payment, annually made in advan.-e, of 
the interest thereon, at the rate then established by law for the loans of such 
funds; but he shall receive no deed until full payment is made. (§6218.) 

470. Payments. 67. Purchasers may, at any time before due, pay a 
part or the whole of such purchase money. (§6219.) 

471. Lost Certificate. 68. When any such certificate shall be lost before 
a deed be made, on proof thereof by affidavit of the person interested, 
or other competent testimony, to be filed with the county auditor, and after 
three month's notice of intention to apply for a new certificate, given in some 
newspaper printed nearest to where the land lies, such auditor may issue 
the same to the person entitled thereto. (§6220.) 

1. Lost Cektificate. If a certificate be lost, a new one may be issued to the 
purchaser, even to a grantee of the purcliaser. — -Hinkle v. Margerum, 50 Ind. 240, 241. 

472. Purchase Money, Where Paid. 69. The purchase money and 
interest, and all costs and damages above provided for, shall be paid to the 
treasurer of the proper county, and his receipt therefor filed, by the person 
paying, with the county auditor, who shall issue his quietus therefor. (§6221.) 

473. Duty of Auditor. 70. When such payment is in completion of 
any contract of sale, the amount of such receipt shall be indorsed by the coun- 
ty auditor on the certificate of purchase. (§6222.) 

474. Deed. 71. On full payment for such land a deed shall be issued 
by the county auditor, and entered uoon the record-book of the board of 
county commissioners. (§6223.) 

1. Entry on Record. The deed, before delivery, must be entered on the record- 
book of the county commissioners. — Arnold v. Gaff, 58 Ind. 543. 

[Acts 1877, p. 139. Approved February 8, 1877.] 

475. Sale — Legalization. 1. In aU cases where school lands have 
been sold and certificate has either been issued to the purchaser or entered 
of record in the proper office, or otherwise, so the purchaser entered into 
possession and paid part of the whole of the purchase money, or could have 
entered into occupancy, sLch sale shaU be deemed and held a sale under the 
law, as much as it would be had a deed been made and delivered and the fee 
had been passed to the purchaser; and such lands shall be deemed and held 
as having been sold, so as to make them liable to taxation, within the meaning 
of the law, as fully and completely as they would have been had a deed been 
delivered. All appra'sements of lands so sold, and all assessments of the same 
for taxes, and all levies and collections of taxes thereon, heretofore made 
are hereby legalized and declared to lawful and valid, and shall in nowise 
be subject to question by reason of such sale not having been consummated 
by execution and deUvery of deed. (§6224.) 

8554 — 15 



226 SCHOOL LAWS OF INDIANA 

[Acts 1865, p. 3. Approved March 6, 1865.] 

476. Title — When Complete. 72. Sueh. deed shall be executed and 
acknowledged, at the cost of the grantee, by the county auditor, as in other 
eases; and, thus executed and delivered, shall vest in the grantee, his heirs 
and assigns, forever, a complete title to the land. (§6225.) 

477. Sale Had Without Vote. 73. The voters of any congressional 
township may, in the absence of a vote to sell land, and in lieu thereof, peti- 
tion the trustee of the township for such sale. Such petition, if signed by a ' 
majority of -all the voters of the township, shall be filed with the county 
auditor, and the same proceeding shall be had as provided in section 54 
[§500], upon a vote of the inhabitants of the township for such ale. Sach 
petition and certificate shall be recorded in the record-book of the trustee 
of the townshiii and of the county auditor of the investment of funds held 
for the benefit of common schools and congressional townships. (§6226.) 

478. Compensation on Failure of Title. 150. When any officer 
authorized to sell school lands, shall have sold any lands without a title there- 
to, such officer, or his successor in office may convey such other lands of equal 
value as may be agreed upon by such officer and the purchaser, his heirs or 
assigns; or, failing to make such agreement, the purchase money, with interest, 
shall be repaid to the purchaser, his heirs, executors, administrators or assigns; 
but no such purchase money shall be thus repaid until the proper ].rosecuting 
or district attorney shall have investigated the facts of the ease and certified 
to the correctness of the claim. (§6227.) 

1. Sales Legalized. Sales in unauthorized subdivisions prior to March 3, 1855, 
were legalized. — Acts 1855, p. 144. 

[Acts 1855, p. 49. Approved March 1, 1855.] 

479. Lands and Surplus Revenue Fund, How Sold. 1. Where the 
surplus revenue fund belonging to common schools, in any county in this 
state, or any part of such fund, has by any means become invested or changed 
into real estate, the board of commissioners of such county are hereby author- 
ized to dispose of the same, by sale, in such manner as may seem best for the 
interest of the common school fund, and to reinvest the proceeds of such 
sale in the manner directed by law for the investment of other moneys belong- 
ing to the common school fund. (§6228.) 

[Acts 1893, p. 41. Approved February 17, 1893.] 

480. Interest — Judgment. 1. The principal of all moneys, whether 
belonging to the common school fund or to the congressional township school 
fund, received into the county treasury shall be loaned at 6 per cent per an- 
num, payable annually in advance, and the interest paid out as prescribed 
by the school law of this state, and not otherwise; and any judgment upon 
any note or mortgage for any part of said fund shall bear 6 per cent interest 
from the, date thereof till the same is paid; and no greater rate o' interest 
than is herein specified shall be exacted or received upon any loan heretofore 
made at the rate of 8 per cent per annum shall, from and after the taking 
effect of this act, draw 6 per cent interest per annum, the same as if nego- 
tiated under the provisions of this act. (§6229.) 



SCHOOL LAWS OF INDIANA . 227 

[Acts 1907, p. 76. Approved February 25, 1907.] 

481. Advertisement of Funds. 1. It shall be the duty of the county 
auditor to publish once each quarter, in a weekly paper of general circulation 
published in his county, the amount of the common school fund on hand 
subje^^t to loan: Provided, No such newspaper advertisement shall cost to 
exceed one dollar and fifty cents. In all cases where there is one thousand 
dollars in such fund to be loaned, he shall also keep the same continually 
posted on a bulletin board in a conspicuous place in his office: Provided, 
That in counties containing a dty having a poi ulation of ten thousand or 
more, according to the last preceding United States census, said notice may 
be pubHsbed in a daily newspaper of general circulation, but such notice shall 
not be pubUshed more than once in a quarter in such newspaper. (§6254.) 

482. County Auditor — Penalty. 2. Should the auditor fail to comply 
with the requirements of this act he shall be deemed guilty of a misdemeanor, 
and upon convi'.tion thereof shall be fined not less than ten (10) dollars nor 
more than twenty-five (25) doUars for each offense. (§6255.) 

[Acts 1865, p. 3. Approved March 6, 1865.] 

483. Auditor's Duty. 75. Such loans shall be made by the county 
auditor, who shall inform himself of the value of the real estate offered in the 
mortgage and be satisfied of the validity of the title thereof and all ]Dersons 
applying for a loan shall produce to said auditor title papers, showing to his 
satisfaction, a good and suifi^ient title in fee-simple, without incumbrance, 
[and] not derived from sale for taxes. (§6240.) 

484. Appraisement. 76. The auditor shall require three disinterested 
freeholders of the neighborhood to appraise any land offered in mortgage. 
(§6241.) 

485. Duty of Appraisers. 77. Such appraisers, being first officially 
sworn, shall examine and appraise such land, and sign and give to the appli- 
cant a certificate, setting forth the fair cash value of the land at the time, 
without taking into consideration perishable improvements. (§6242.) 

[Acts 1885, p. 195. Approved April 11, 1885.] 

486. Loans Outside of County. 78. In making such loans preference 
shall be given to the inhabitants of the county: Provided, That whenever 
any of such funds shall have remained in the treasury of any county to which 
the same may belong for a period of three months, without being loaned to 
any inhabitant of said county, then the auditor of said county may loan the 
same to any freeholder of any other county in Indiana, upon his complying 
with the law regulating such loans. When the land received as security for 
any such loan is situated in any rounty of the state other than the one in which 
the loan is made, and there is default in the payment of interest or principal, 
the auditor of the county making the loan shall at once transmit to the auditor 
of the county where the land is situated a certified copy of the note and mort- 
gage given for the loan, with a statement of such default in payment, and 
the auditor of such latter county shall, upon such certified copy, at once 
proceed to enforce the collection of such loan either by suit or sale of the land, 
as is now provided by law; and, after receiving such certified copy by said 



228 SCHOOL LAWS OF INDIANA 

auditor, all steps taken, and all proceedings had, with reference to said loan 
or the land which was mortgaged shall be the same as if the loan had originally 
been made out of the funds belonging to said county; and all money collected 
or realized upon such loan shall at once, as soon as collected or realized, be 
paid over to the auditor of the county having made the loan. (§6243.) 

487. Limit of Loan. 79. The amount loaned to any person shall not 
exceed two thousand dollars. (§6244, as amended Acts 1885, p. 196.) 

See §491. 

[Acts 1865. p. 3. Approved March 6, 1865.] 

488. Oath of Applicant. 81. Such applicant shall make oath that 
there is no incumbrance or better claim, that he knows of, and that the 
abstract of the title presented by him is, as be believes, a true one. (§6246.) 

489. Time of Loan. 82. No loan shall be made for a longer term than 
five years. (§6247.) 

(Acts 1901, p. 152. Approved March 7, 1901.] 

490. Loan of School and University Funds. 1. The principal of all 
moneys, whether belonging to the conimon school fund, the congressional 
township school fund, or the permanent endowment fund, Indiana University, 
received into the county treasury, shall be loaned at 6 per cent per annum 
payable annually at the end of each year from the date of such loan. (§6230.) 

491. Limit of Loan. 2. The amount loaned to any person or company 
rom the common school fund, the congressional township school fund, or 

the permanent endowment fund, Indiana University, shall not exceed four 
thousand doUars. (§6231.) See §487. 

492. Percentage of Value of Land. 3. The sum loaned shall not 
exceed one-half the appraised value of the premises proposed to be mortgaged. 
In aU cases where perishable improvements upon real estate are accepted as 
a part of the security for any sueh loan, the real estate and the perishable 
improvements thereon shall be appraised separately, and there shall be 
procured by the borrower a policy, or poUcies, of fire and tornado insurance 
issued by a company, or companies, duly authorized by the auditor of state 
to do business in this state, and such policy or policies shall contain the union 
mortgage clause in favor of the county wherein such loan is made, and such 
borrower shall deliver such poUey, or poUcies, of insurance to the auditor 
of such county and shall keep such improvements insured in the manner afore- 
said during the time that such loan is in force. The mortgage securing such 
loan shall contain the provision that such insurance shall be procured and 
kept in force as above provided. Upon the failure of said borrower to do so, 
the auditor shaU procure such in uranee, and the premium or premiums 
thereof shall become a part of the debt secured by said mortgage, bearing 
same rate of interest as the mortgage debt, and the further provision that such 
mortgage may, upon such default by such borrower, be foreclosed. Such in- 
surance shall in all cases be for a sum equivalent to sixty-six and two-thirds 
per cent of the appraised value of such portion of said perishable improve- 
ments as is accepted as security for any such loan; Provided, That when 



SCHOOL LAWS OF INDIANA 229 

such premises are situated in a county other than that to which sijph fund 
may belong, the sum loaned thereon shall not exceed forty per cent of the 
appraised value of such premises. (As amended 1903, p. 119, §6232.) 

[Acts 1913, p. 690.] 

493. County Auditors — School Funds — Loan on Mineral Land. 

1. That where coal or other minerals underlie the surf a ;e of real estate, that 
the auditor of the county where said real estate is situated is hereby authorized 
to loan the piincipal of all moneys belonging to the school fund to an amount 
not to exceed fifty per cent of the surface value of said real estate, secured 
by a mortgage, and said loan to be made in all other respects as now provided 
bylaw. (§6232a.) 

[Acts 1901, p. 152. Approved March 7, 1901.] 

494. Length of Time. 4. No loan shall be made for a longer term 
than five years, and any borrower of such funds shall have the right to pay 
not less than ten per rent of any sum so loaned to him at the end of any year 
during the maturing of said. loan, and shall not be required to pay any in- 
terest thereafter on such sum paid. (§6233.) 

495. County IMay Borrow. 5. In any county in this state where the 
common school fund, congressional township school fund, or the ]>ermanent 
endowment fund, Indiana University, or either of said funds, subject to loan 
by the county auditor, shall accumulate to the amount of one thousand 
dollars or more, and shall remain unloaned for a period of thirty days or 
more, and such county shaU not have sufficient money in its treasury to 
pay the debts and obligations then owing by such county, it shall be lawful 
for such county to borrow and use such unloaned school funds, or any por- 
tion thereof, for a period not exceeding five years. (§6234.) 

496. Note of County — County Council. 6. Whenever any county 
council shall determine to borrow and use any such funds under the provisions 
of this act, such council shall cause to be entered of record an order specify- 
ing the amount of such funds to be borrowed and used, and the time for which 
such loan shall be made, and shall execute to the State of Indiana, for the use 
of the said funds, a written obligation signed by the president of said council, 
specifying the facts under which the same is executed, the sum of money 
borrowed and the time when such money shall be i-epaid to such county. 
Said obligation shall be deposited with the auditor of the county, and shall 
be preserved by him as mortgages for loans of such funds are kept and pre- 
served; and such auditor shall make the same entries of record in his office 
respecting such loans as he is required by law to make when loans of such 
funds are made to private individuals. (§6235.) 

497. Auditor's Warrant. 7. On the deposit of such obligation with 
the county auditor, he shall draw his warrant upon the county treasurer, 
in favor of such countj^ for the amount of money specified in such order and 
obligation; and on presentation of such warrant to such tresaurer he shall 
transfer from the principal sum of the common school funds, the congressional 
township school funds or the permanent endowment fund, Indiana University, 
in his hands, subject to loan, to the credit of the county revenue of such 



230 SCHOOL LAWS OF INDIANA 

county, the amount of such warrants, and such sum shall become a part of 
the general revenue funds of the county. No county auditor shall act as 
agent for any person, firm or corporation, either directly or indirectly, 
during his term of office, in the negotiation of any loan of money, other than 
in loaning the funds mentioned in this act. ( §6236.) 

498. Rate of Interest. 8. Any county borrowing and using any funds 
under the provisions of this act, shall be required to pay mterest for the use 
of such funds at the rate of six per cent per annum. (§6237.) 

499. Payment of Loan. 9. On the payment by any county of a loan 
made under this act, the same proceedings shall be had by the county auditor 
and treasurer as is required by law to be taken and had, so far as entries upon 
their records are concerned, as when a loan of school funds or State University 
funds is paid by a private individual, and when such loan is fully paid, and 
a receipt therefor given by the county treasurer to the county auditor, such 
auditor shall enter of record a statement showing such payment and shall 
cancel the obligation given by the county council and file the same for 
future reference in the archives of his office. (§6238.) 

500. Transfer from One County to Another. 10. Whenever more 
than five thousand (5,000) dollars of either of said funds remains unloaned 
in any county for a period of six (6) months, it shall be the duty of the county 
auditor to notify the auditor of state of such fact, with the name of the 
fund to which such unloaned sum belongs, and the amount so unloaned. 
The auditor of any county having applications for loans beyond the amount 
of the funds now apportioned to said county shall notify the auditor of state 
of such fact, and the auditor of state may transfer the unloaned funds from 
any county to any other county, crediting the county from which the same is 
transferred with the amount so transferred, and charging the county to which 
the same is transferred with such amount, and thereafter the county to which 
such sum is transferred shall account for the interest thereon. (§6239.) 

1. NoTF.. Section 11 repeals all laws in conflict with the ten preceding sections. 
[Acts 1881, p. 99. Approved April 14, 1881.] 

501. Certificate as to Liens. 1. An applicant for a loan of a part of 
the common school fund or of the congressional township school fund shall 
file with the auditor of the county the certificate of the clerk and recorder of 
the county that there is no incumbrance on the land offered as a security for 
the loan in either of said offices: Provided, That where the records, books 
and papers of the clerk's office have been destroyed by fire, the clerk's certi- 
ficate shall only state the fact and date of such destruction, and that there^is 
no incumbrance on said land appearing from any of the records, books and 
papers then on file in his office, and that there is no incumbrance on said land 
in his office of which he has any knowledge. The applicant shall also, in 
such case, execute to the State of Indiana, for the benefit of the common 
school fund, a bond with one or more freehold sureties to the approval of the 
auditor, conditioned for the payment of so much of the loan as may be lost 
by reason of any incumbrance or lien upon the land which was evidenced by 
the records, books or papers in the clerk's office which have been destroyed. 
(§6245.) 



SCHOOL LAWS OF INDIANA 231 

502. Limit of Amount. 83. The sum loaned shall not exceed pne-half 
of the appraised value of the premises proposed to be mortgaged, clear of all 
perishable improvements: Provided, That where such premises are situated 
in a county other than that in which such fund may belong, the sum loaned 
thereon shaU not exceed one-fourth of the appraised value of such premises, 
exclusive of perishable improvements, such value to be determined by the 
existing laws of the State of Indiana. It is hereby made the duty of the board 
of commissioners of each county of this state, at their first regular session 
after the taking effect of this act, to appoint in each commissioner's district 
of the county, three reputable freeholders, any two of whom, without the 
concurrence of the third, may act as school fund appraisers, whose duty it 
shall be, upon oath, to make aU the appraisements of lands in their respective 
districts required in this act or in the act of which this is amendatory. Said 
appraisers, or any of them, may be removed and new ones' appointed by said 
board at any regular or special session, and m case any of such appraisers is 
at any time disqualified, by reason of kinship or interest, from acting, the 
appraisement shall be made by the other appraisers, who, in ease of a dis- 
agreement, shall select a third appraiser. Said apprasiers shall receive the 
same compensation for making each appraisement, and be paid in the same 
manner as such appraisers are now paid. (As amended. Acts 1885, p. 196.) 

[Acts 1865, p. 3. Approved March 6, 1865.] 

503. Acknowledgments and Oaths. 84. The auditor shall have the 
power to administer all oaths and take all acknowledgments required by 
this act. (§6249.) 

504. Record of Mortgages — Priority. 85. Mortgages taken for such 
loans shaU be considered of record from the date thereof, and shaU have 
priority of all mortgages or conveyances not previously recorded, and all 
other liens not previously ineuiTed, in the county where the land lies. (§6250.) 

505. Auditor's Duty. 86. The auditor shall cause such mortgages to 
be recorded immediately, retaining the cost of recording out of the money 
borrowed. (§6251.) 

506. Fees. 108. The following fees only shall be charged in cases of 
mortgage for loans: To each appraise;*, fifty cents; for recording mortgage, 
one dollar; for drawing mortgage, one dollar; for making borrower's affidavit, 
ten cents; for clerk's certificate, fifty cents; for recorder's certificate and 
examining title, each one dollar; which shall be paid by the borrower, (§6256.) 

507. Interest Unpaid — Auditor's Duty. 87. On failure to pay any 
instalment of interest when the same becomes due, the principal sum shall 
forthwith become due and payable, and the auditor may proceed to collect 
the same by suit on the note, or by sale of the mortgaged premises. He may 
also, by suit, recover the possession of the mortgaged premises before sale 
thereof; and he shall, on the fourth Monday in March, annually, offer for 
sale all mortgaged land on which payments of interest are due on the first 
day of January and unpaid on the daj^ of sale. (§6260.) 



232 SCHOOL LAWS OF INDIANA 

[Acts 1885, p. 195. Approved April 11, 1885.1 

508. Collection on Default. 4. It shall be the duty of the auditor of 
each county, in case default shall be or has been made in the payment of 
principal or interest of any school fund loan, to at once proceed to enforce 
the collection of such principal or interest, as the ease may be; and any auditor 
who shall fail or refuse to comply with the requirements of this section shall 
be deemed guilty of a misdemeanor, and upon conviction shall be fined in 
any sum not exceeding one thousand dollars. (§6261.) 

[Acts 1865, p. 3. Approved March 6, 1865.] 

509. Fund to be Specified. 88. The mortgage may be, in substance, 
as follows: And the auditor shall specify therein whether the same belongs to 
the common school, fund or to the congressional township fund, and, if the 
latter, the particular township or townships whose funds are thus loaned. 
(§6262.) 

1. Omission to Specify. The omission to state the particular fund does not 
render the mortgage void. — Beneflel v. Aughe, 93 Ind. 401, 407; Ellis v. State, 2 Ind. 
262. 

510. Form of Mortgage. 89. I, A. B., of the county of , in the 

State of Indiana, do mortgage to the State of Indiana, for the use of [here 
describe the fund out of Avhieh the loan was made] all [here describe the land], 

for the payment of dollars, with interest at the rate of eight per cent 

per annum, payable annually in advance, according to the conditions of the 
note hereto annexed. (§6263.) 

1. Construction. For cases on school mortgages, see Burk v. Axt, 85 Ind. 512; 
Nolan V. State, 115 Ind. 529. 

511. Form of Note. 90. The note accompanying the same may be in 
substance as follows, towit: I, A. B., promise to pay to the State of Indiana, 

for the use of [here recite the particular fund], on or before , the sum of 

— — dollars, with interest thereon at the rate of eight per cent per annum 

in advance, commencing on the day of , 18 — ; and do agree that, 

in case of failure to pay any instalment of interest when the same shall be- 
come due, the principal sum shall become due and payable, together with all 
arrears of interest; and on failure to pay such principal or interest when due, 
two per cent damages shall be collected, with costs, and the premises mort- 
gaged may be sold by the county auditor for the payment of such principal 
sum, interest, damages and costs. (§6264.) 

1. Note not Signed. A mortgage executed to secure a note attached to it is 
binding, though the note is not signed; and there is no error in allowing the note to be 
read in evidence, it being a part of the mortgage. — McFadden v. State, 82 Ind. 558. 

2. Illegai. Fees. As to attorney fees charged for collecting a note, see Coleman 
V. Goben, 16 App. 346; 

[Acts 1913, p. 943.] 

512. Schools — Renewal of School Fund Mortgages — Duties of 
Auditor. 1. That all mortgagors of the common school, congressional 
school and permanent endowment funds, held in trust by their respective 
counties wherein such mortgage exists, shall, at the expiration of five (5) 
years from the date of the original loan, be required to give' notice to the 



SCHOOL LAWS OF INDIANA 233 

said auditor of said county that they desire to continue such loan. That 
upon the receipt of such notice, the auditor shall notify the appraisers of the 
district wherein such mortgaged premises are located, who shall proceed to 
view and appraise such mortgaged premises, and shall upon oath fix the actual 
cash value thereon, without regard to the amount of the present existing lean. 
If the said mortgaged premises are reappraised at an amount equal to double 
the amount of the loan, it shall be so recorded by said auditor, which said 
proeediire shall be sufScient for a further continuation of such mortgaged 
school loan for the period of five (5) years from the expiration of the said 
original loan: Provided, however. That if the second appraisement, made for 
the purpose of said continuation, be not sufficient, and is less than double 
the amount of the original loan, such mortgagor shall pay into the treasury 
a sufficient sum to reduce said loan to one-half of said appraisement. The 
cost for said renewal shall be fifty (50) cents each to the appraisers, and fifty 
(50) cents to said auditor for recording said continuation. (§6261a.) 

51.S. Warrant to Borrower. 91. On making a loan of any fund the 
axiditor shall draw his warrant m favor of the borrower, upon the county 
treasurer, who shall charge it to the proper fund. (§6265.) 

514. Payments — -Quietus. 92. All loans refunded and all interest 
shall be paid to the county treasurer, and his receipt shall be filed with the 
county auditor, who shall give the payer a quietus therefor, and make proper 
entries. (§6266.) 

515. Indorsements and Satisfaction. 93. Whenever the amount due 
on any mortgage shall be paid, and the treasurer's receipt therefor filed, the 
auditor shall indorse on the note and mortgage that the same has been duly 
satisfied, and surrender the same to the person entitled thereto; and, on pro- 
duction of the same thus indorsed, the recorder shall enter satisfaction upon 
the record. (§6267.) 

[Acts 1916, p. 76. Approved March 2, 1915.] 

516. Preamble. Whereas, Divers laws appear among the acts of the gen- 
eral assemblies of this state relative to the loaning of congressional township 
school funds, originating under the act entitled, "An act to authorize the sale of 
the school lands and for other purposes," approved January 23, 1829, which 
provided for the loaning of the said funds by the school commissioner to be 
elected in each county, and later such congressional township school funds, 
by local or special acts, were authorized to be made by the congressional 
township treasurer, congressional township trustees and the county treasurer 
acting as school commissioner, until the abolishment of such office provided 
for in an act entitled, "An act to increase and extend the benefits of common 
schools," approved January 17, 1849; and 

Whereas, Such loans were made by mortgage upon lands or lots situate 
within the county for which such school commissioner was elected, and pro- 
vided for a forfeiture of such mortgaged lands or lots in the case that the 
interest was not paid in advance by proceedings in the circuit court of such 
county; all of such proceedings appear of record on the dockets of the clerk 
of such circuit court; and 



234 SCHOOL LAWS OF INDIANA 

Whereas, Many congressional township fund mortgages appear unsatis- 
fied during tiie period between January 23, 1S29, and January 17, 1849, 
affecting the titles of the present innocent holders, for which they should have 
relief, for remedy whereof : 

517. Schools — Mortgages on Lands — Clerk of Court — Satisfaction 
of Judgments. 1. That the certificate of the clerk of the circuit court 
having jurisdiction over the lands or lots where such unsatisfied mortgage 
appears, that he has examined the judgment dockets for the period covered 
from the date of such loan to November 1, 1851, the date of adoption of the 
second constitution of the State of Indiana and that there being no f orfeitiu"e 
of the land or lot so mortgaged, shall, when recorded on the page of such 
recorded mortgage be deemed a full satisfaction of same. 

518. Suit for Deficiency. 94. In all eases where the mortgaged prem- 
ises shall fail to sell for a sum sufficient to satisfy the principal and interest 
of the loan made, and the damages accrued by reason of such failure, and costs, 
the county auditor shall bring suit on the notes executed by the mortgagor; 
and whenever judgment shaU be rendered thereon, no appraisement of prop- 
erty shall be allowed on execution issued on such jtidgment. (§6269.) 

519. Notice of Sales. 95. Before sale of mortgaged premises, the audit- 
or shall advertise the same in some newspaper printed in the county where 
the land lies, if any there be (otherwise, in a paper in the state nearest thereto), 
for three weeks successively, and, also, by notice set up at the court house 
door and at three public places in the township where the land lies. (§6270.) 

520. Manner of Sale — Surplus. 96. At such sale (which shall be held 
at the court house door), the auditor shall sell so much of the mortgaged 
premises, to the highest bidder, for cash, as will pay the amount due for prin- 
cipal, interest, damages and costs. When less than the whole tract mort- 
gaged, shaU be sold, the quantity sold shall be taken in a square form, as 
nearly as possible, off the northwesterly corner of said tract; and when less 
than the whole of any in-lot or out-lot of any town or city shall be sold, the 
part sold shall be laid out and taken off, so that it shall extend from the main 
or principal street or alley on which the said lot fronts, to the rear thereof, 
to divide the same by a line as nearly parallel with the boundaries of said lot 
as practicable, and if less than the whole is sold,' the auditor, in his notice of 
sale, shall indicate off of which side or end of said lot the part to be sold shall 
be taken; and if more than one tract of land in included in the mortgaged 
premises, the auditor shaU elect which tract or tracts shall be sold, saving 
to the mortgagor, ff practicable, the tract on which his house is located. 
If a tract of land so mortgaged, and liable to be sold to satisfy the mortgage, 
can not be divided without materially diminishing the value of such tract; 
or ff any in-lot or out-lot be indi^dsible by reason of extensive buildings or 
other improvements thereon, the auditor may sell the whole thereof, and, 
after paying the amount due for principal, interest, damages, and costs, out 
of the piu"chase money, shall paj^ the balance, if any, to the mortgagor; and 
if the auditor seU any part of a tract of land, out-lot or in-lot for more than 
the amount of principal, interest, damages and costs, the excess, if any, 
shall be paid to the mortgagor. (§6271.) 



SCHOOL LAWS OF INDIANA 235 

521. Auditor's Bid. 97, In ease of no bid for tlie amount due, the 
auditor shall bid in the same on account of the fund, and, as soon thereafter 
as may be, shall sell the same — having first caused it to be appraised by three 
disinterested freeholders of the neighborhood — upon the following terms, 
viz.: One-third cash in hand, and the balance in four equal instalments, 
due in one, two, three and four years, respectively, from the day of sale, 
bearing interest at six per cent per annum, payable annually in advance; 
but no such sale shall be for a less sum than the appraised value thereof. 
(§6272, as amended. Acts 1889, p. 314.) 

522. Sale of Lands Bid in. 98. Lands heretofore bought in on account 
of the fund, which have been appraised, shall be sold in like manner; and if, 
upon sale of any such land, a sum is realized which is more than sufficient to 
pay the principal, interest, damages and costs, the overplus shall be paid to 
the original mortgagor, his heirs or assigns, when collected. (§6273.) 

523. Deed by Auditor. 99. Upon full payment being made for such 
lands, the deed therefor shall be executed by the county auditor, and shall 
be entered in the record of the board of county commissioners before delivery. 
(§6282.) 

524. Statement of Sales. 100. At the public sale at the court house 
door provided for in this act, the county treasurer shall also attend, and make 
a statement of such sales, which shall be signed by the auditor and treasurer, 
and after being recorded in the auditor's office shaU be filed in the treasurer's 
office; and such record, or a copy thereof, authenticated by the auditor's 
or treasurer's certificate, shall be received as evidence of the matters con- 
tained therein. (§6283.) 

1. Statement Signed. This statement must be signed by both auditor and 
treasurer, or the sale will be void. — Arnold v. Gaff, 58 Ind. 543; Beneflel v. Aughe, 
93Ind. 401. 

525. Title in State Without Deed. 101. When any land is laid [bid] 
off by the auditor at such sale, no deed need be made therefor to the state; 
but the statement of such sale, and the record thereof, shall vest the title 
in the state, for the use of the proper fund. (§6284.) 

[Acts 1899, p. 55. Approved February 17, 1899.] 

526. Conveyance to County. 1. In cases where lands have been mort- 
gaged to the common school fund or congressional school fund, and there is 
a default in the payment of the interest, or the interest and principal, and 
the auditor is unable to sell such lands for a sum sufficient to pay such loan, 
as provided by law, and the county shall pay the same to said school fund, 
the board of commissioners may in regular or special session, if it is for the 
best interest of the county in the reimbursement of its general fund, accept, 
in the name of the county, a conveyance of said land from the owners and 
take possession thereof. ( §6274. ) 

527. Suit to Foreclose. 2. That in cases where lands mortgaged to the " 
common school fund or congressional school fund have been offered for sale 
and bought by the auditor on account of the fund, and has been reoffered 
for sale and no bid received sufficient to pay the principal, interest, damages 



236 SCHOOL LAWS OF INDIANA 

and costs accrued on said loan, as otherAvise provided by law, and the county 
shall pay the same to said school fund, the lien which the state has by rea- 
son of said mortgage, or said prior bid by the auditor on account of the 
fund, shall inure to the benefit of said county, and in such case the auditor 
may proceed to collect the amount due the county, by suit foreclosing such 
lien and recovering a personal judgment against the makers of said mortgage, 
or by either form of action, for the amount due the county, and he may also 
in same suit recover the possession of the mortgaged premises and quiet title 
thereto, and ail liens and rights against the land may be adjusted as in other 
equitable actions; and the same relief may also be given in suits to foreclose 
such mortgages. All such sales shall be ordered without relief from valuation 
or appraisement laws, and shall be absolute and the purchaser immediately 
entitled to a conveyance. ( §6275.) 

528. Purchase by County, 3. The board of commissioners, when the 
county in either ease has paid the principal and interest due such school fund 
for the purpose of reimbursing the county, if, in the opinion of the board, 
it shall be to the best interest of the county, may cause the land, which has 
been ordered sold in such decree of the court, to be purchased at such judi- 
cial sale in the name of the county for any price, or any maximum price it 
may fix, not in any case exceeding the full amount of the principal, interest, 
cost and accrued costs due on such decree at the date of such sale. The 
officer making the sale shall execute a deed to the county for such real estate. 
(§6276.) 

529. Lease of Land Purchased. 4. The board of commissioners may 
lease the real estate acquired under this act for a period not exceeding one 
year at a time upon such terms as the board may fix until the same shall be 
sold, that said lease shall be in writing, approved by said board and spread 
upon its record. The auditor shaU be authorized to collect such rents, and 
if in kind sell the same in the markets and pay the proceeds to the county 
treasurer as a part of the general fund. (§6277.) 

530. Sale of Land. — Appraisement. 5. The board of commissioners, 
at any regular or special session,, shall order such real estate to be sold 
by the auditor at his office at public or private sale, such order shall fix the 
terms of sale, which may be in cash, or by instalments with interest and such 
security as the board may require, such credits may extend through a period 
of not longer than five years. Before making such sale the auditor shall cause 
the land to be appraised by three freeholders of the county acquainted with 
the land and who shall be sworn to honestly and impartially appraise the land 
at its fair cash value, which oath shall be indorsed on the appraisement. 
The auditor shall advertise such sale, giving a description of the real estate 
to be sold and the terms of sale as ordered bj^ the board, for at least thirty 
days in some newspaper of the county and by posting at least five notices 
in the township where the land is situated and one at the court house of the 
county. Such real estate shall not be sold for less than the appraised value. 
The board may, if no sale is made within reasonable time, at any time there- 
after, order a reappraisement or change the terms of such sale by giving further 
notice in the same manner as hereinbefore provided, Proof of notice and the 



SCHOOL LAWS OF INDIANA 237 

appraisement must be filed with the auditor. When such sale shall have been 
made the auditor shall report the same at the next regular session of the board. 
Objections may be filed within three days from the first day of the term at 
which such sale is reported by any taxpayer or person interested, and such 
objections shall be heard and determined by the board. A resale may be or- 
dered, when all objections have been determined, or if there is no objection to 
such sale the board of commissioners shall approve the sale. If the sale is 
by instalments the purchaser shall be entitled to a certificate of such pur- 
chase and the possession of the land. Such certificate may be assigned and 
the deferred payments may be made with the interest accrued thereon before 
maturity; upon final payment of the purchase money the board of commis- 
sioners shall execute a deed to said purchaser or his assignee for such real 
estate. The money derived from such sale shall be paid to the county treas- 
urer as a part of the general fund. (§6278.) 

531. Deeds. 6. The auditor shall cause the deeds executed to the county 
under the provisions of this act to be recorded in the recorder's office of the 
county. (§6279.) 

532. Sales Legalized. 7. Any sales or conveyances made to any county 
in this state before the taking effect of this act are hereby legalized, and the 
title to any such real estate is declared to be fully vested in such county by 
such conveyance. (§6280.) ' 

533. Act Supplemental. 8. This act shall not amend, modify or 
repeal any law now in force concerning the management, loan and sale of 
real estate on account of any school fund, but it shall be an additional pro- 
vision for the collection of such funds, and the reimbursement of the counties 
entrusted therewith. (§6281.) 

[Acts 1901, p. 544. Approved March 11, 1901.] 

534. Satisfaction of Mortgages. 1. Whereas, there are a large 
number of school fund mortgages, which appear unsatisfied of record in the 
recorder's office in the various counties of the State of Indiana, which, in 
fact, have been paid, the auditor of any county in the State of Indiana, 
where such mortgaged lands are situated, when requested by the mortgagor 
or owner of the lands so mortgaged, shall make an examination of the ledgers 
or other records of his office, and compare such records with the receipts of 
moneys for school fund mortgages, in the treasurer's office of such county, 
and if, upon such examination and comparison, and all facts known to him, 
or that come to his knowledge, he finds that such mortgage or mortgages 
appearing in the recorder's office of such county as unsatisfied of record, have, 
in fact been paid, such auditor of such county, where such mortgaged lands 
are situated, shall make entry of satisfaction upon the margin of the record 
in the recorder's office, showing the same to have been paid, for which services 
the mortgagor or owner of such lands shall pay to the auditor a fee of twenty- 
five cents, and also pay to the recorder his fee provided for releasing mort- 
gages. (§6268.) 

[Acts 1865, p. 3. Approved March 6, 1865.] 

535. Annual Report. 103. County auditors and county treasurers 
shall annually report, in writing, to the boards of county commissioners of 



238 SCHOOL LAWS OF INDIANA 

tlie respective counties, at the June sessions of said boards relative to the 
school fund held in trust by said counties, distinguishing in said reports be- 
tween the congressional township and common school funds; indicating the 
amounts thereof; the additions to them within the current year then ending; 
the sources from whence such additions are derived; the condition of them 
as to their safety, giving the amount thereof safely invested, unsafely invested 
and uninvested, and loss at the date of said reports; giving also the amount of 
interest collected upon said funds within the year then ending, and the amount 
then due and unpaid. (§6285.) 

536. Duty of Boards. 104. The boards of county commissioners shall, 
annually, at their June sessions, in the presence of the auditors and treasurers, 
examine said reports, the accounts, and proceedings of said officers in relation 
to said funds, and the revenue derived from them. They shall compare with 
said reports, the cash, the notes, mortgages, records, and books of said officers, 
with a view 'to ascertain the amount of said funds and their safety; and to do 
whatever may be necessary to secure their preservation and the prompt 
payment of the annual interest thereon as the same becomes due ; and make 
up to said fund losses which have accrued or may accrue. (§6286.) 

1. Suit. An action may be brought in tlie name of the State on relation of the 
board of county commissioners to recover congressional school funds. — Groves v. 
State, 9 Ind. 200; Butler Rogers v. Gibson, 15 Ind. 218. 

537. Board's Report. 105. Each board of county commissioners, at 
said session, shall make out a report, in writing, of the result of such examina- 
tion, showing — 

First. The amounts of said funds at the close of last year. 

Second. The amount added from the sale of land v/ithin the year. 

Third. The number of acres of unsold congressional township school 
lands, and the approximate value thereof. ^ 

Fourth. The amount added from fines and forfeitures. 

Fifth. The amount added by the commissioners of the sinking fund. 

Sixth. The amount added from all other sources. 

Seventh. The total amount of the funds. 

Eighth. The amount refunded within the year. 

Ninth. The amount reloaned Tvathin the year. 

Tenth. The amount safely invested. 

Eleventh. The amount unsafely invested. 

Twelfth. The amount uninvested. 

Thirteenth. The amoun t of fund lost since 1842. 

Fourteenth. The amount of interest collected within the year. 

Fifteenth. The amount of interest delinquent. 

And in such report said board shaU distinguish between the congres- 
sional township fund and the common school fund; and in its account of 
the interest or revenue derived from said funds, it shall observe the same 
distinction. (§6287.) 



SCHOOL LAWS OF INDIANA 239 

538. Disposition of Report. 106. Such report shall be entered on the 
records of said board; and copies thereof, signed by the members of the 
board, the auditor, and treasurer, shall be transmitted to the auditor of state 
and the superintendent of pubhc instruction. (§6288.) 

539. Apportionment of Loans. 152. Where the whole of the school 
funds of a county have been loaned the auditor shaU apportion to each con- 
gressional township a sufficient number of mortgages to cover the principal 
of its congressional township fund; and where a part of the school funds only 
are loaned the auditor shall so apply a proportional amount; and the cash 
on hand, when loaned, shall be for the benefit of the congressional townships, 
respectively, to the amount of the entire principal of its congressional town- 
ship fund; and in all loans made after the taking effect of this act the note 
and mortgage shall specify the particular fxmd borrowed. (§6289.) 

[Acts 1879, p. 102. Approved March 29, 1879.] 

540. Miscellaneous School Fnnd Account. 1. It shall be the duty 
of the auditor in each county to open an account with the congressional town- 
ship school fund, to be styled the "miscellaneous school fund account." 
He shall transfer to said account, from, each township account, aU sums on 
hand at any time v,'hen a loan is solicited (provided the aggregate sums will 
equal the amount sought to be borrowed), and may lend such combined sums 
in one loan; which loan shall be numbered in consecutive order, and the 
securities shall each and all be indorsed with the number as "Miscellaneous 
Loan No. — ," as the number may be; and he shall enter in the miscellaneous 
account, on the debit side, separately, the sums taken from the account of 
the several townships, so as to show the corresponding number of the loan, 
and credit the several township accounts with the same sum and the like 
number of loan. Thence on, as interest accrues and is paid in on such loan, 
he shaU debit the several township accounts with the pro-rata portion of such 
interest accruing to each; and when such loan is paid he shaU distribute back 
to the township accounts the several sums originally transferred from each 
and debit the miscellaneous account accordingly, and balance and close said 
account as to said loan. In all the entries throughout he shall keep each 
entry identified by the proper number belonging to that loan, and so of each 
combined miscellaneous loan, as contemplated in this act. (§6290.) 

541. Distribution and Report. 2. In all cases where distribution is 
made of the school funds under the laAV now in force it shall include all money 
on hand, or which, according to law, should be on hand, not exceeding the 
interest on loans for one year, which shall be distributed in full, and no portion 
shall be omitted or retained; and the report made bj^ the auditor shall show 
fuUy the amount actually on haind, as required and contemplated by law, 
and show the distribution of the same in full. (§6291.) 

542. Penalty Against Auditor, 3. If any auditor fail or refuse to 
distribute and report such fund in full, as required by this act, he shall be liable 
to an action on his official bond. The superintendent of public instruction 
shall direct that action be brought upon the official bond of such defaulting 
auditor, and the prosecuting attorney of the proper county shall bring such 
action. On finding against such auditor, judgment shall be entered for the 



240 SCHOOL LAWS OF INDIANA 

sum so omitted by him to be distributed, with damages of 20 per cent 
thereon, which shall be for the use and benefit of the fund so omitted to be 
distributed. (§6292.) 

[Acts 1905, p. 25. Approved February 21, 1905.] 

543. School Funds — Expense in Making Loans. 1. The county 
commissioners of any county in the state, may at their discretion, at any 
regular meeting of their own board, order that their county shall bear any or 
aU the expense of appraisers, abstract of title and recording mortgage in 
making any or all loans of school funds. Thereafter, so long as such order is 
in effect, the county auditor shall meet the expenses covered by it in the same 
manner that he does other expenses incurred by the county: Provided, Thaf 
such expense shall not exceed one per cent of such loan, but such expense shall 
not be paid unless loan be made. (§6257.) 

544. Repeal of Order. 2. At any subsequent regular meeting of said 
board the commissioners may, at their discretion, repeal any part or all of 
such order or orders. (§6258.) 

545. Appropriations — County Council. 3. When such orders shall 
exist the county council shaU take them into consideration in making their 
regular appropriations. ( §6259. ) 

[Acts 1911, p. 149. Approved March 2, 1911.] 

546. Real Estate Sales Legalized. 1. That in all cases where lands 
have been mortgaged to the State of Indiana for the use of either the common 
school fund or the congressional township school fund and the mortgage 
foreclosed by decree of any court of competent jurisdiction and the land bid 
in hy "the county auditor on account of the fund for the use of which such 
mortgage was made; and the same lands have thereafter been sold by such 
county auditor for a sum equal to or greater than the fuU amount of 
principal, interest, penalty and costs then due under such mortgage, but 
without an appraisement of said lands having been made as required by law 
and entered of record in said auditor's office; and such purchase price has 
been paid in full and such sale allowed to stand, without question by the state, 
for as many as twenty years next after the making thereof; such sale shall not 
be taken or held to be invalid for want of an appraisement of such lands 
prior to the sale thereof as aforesaid, nor for failure of any such county auditor 
to cause to be entered in his office a record of the proceedings in such matter 
leading up to the execution by him of the deed of eonvej^ance for such lands, 
nor for any other irregularity or informality in the manner of making such 
sale ; but every such sale, so made by any county auditor, shall be taken and 
held to be valid, and is hereby legalized and made valid, so that the county 
auditor's deed of conveyance in any such case, dmly executed and entered of 
record in the records kept in his office, shaLl be effective to pass title to the 
lands described therein to the grantee named therein, in as full and complete 
manner as if such sale and conveyance had been made in strict and exact 
conformity to the laws then in force authorizing such sales and prescribing 
the method and manner of making the same: Provided, however. That noth- 



SCHOOL LAWS OF INDIANA 241 

ing contained in this act shall in any manner affect any pending litigation or 
the title to any lands involved in any past litigation growing out of any such 
sale thereof by any county auditor. 

[Acts 1915, p. 31.] 

547. Title to Lands — Auditor's Deed to Quiet. 1. That whenever 
it shall be made to appear by proof to the satisfaction of any county auditor 
of any county in this atate that, by reason of the destruction of any of the 
public records of such county by fire, there is a defect in or a break in the chain 
of the title of the owner of any lands in school sections lying wholly or partially 
■ndthin such county, then such county auditor be and is hereby authorized 
to execute to the owner of such lands a quit-claim deed correcting and 
perfecting the title of such owner to such land in so far as such title is 
rendered defective and imperfect by reason of the destruction of such records 
by fire. Such owner shall pay all the necessary expenses incident to the 
execution of such deeds. 

548, Wills — Public Bequests — Exempt from Taxation. 1. That 
when any money or property is given by wiU, or otherwise, to any executor 
or other trustee to be by him used and applied for the use and benefit of any 
municipal, educational, literary, scientific, religious or charitable purpose 
within the State of Indiana, and the money or property, if it had been given 
directly for any such purpose, would not be subject to taxation under exist- 
ing laws, then and in all such eases, such money or property shall be exempt 
from all taxation while in the hands of such executor or other trustee : Pru- 
vided, He shall be diligently and in good faith endeavoring to carry out the 
provisions of the will or other trust arrangement, and to use and apply such 
money or property to the purpose for which the same is donated. And in 
all such cases where any money or property has been assessed for taxation 
to any executor or trustee for the tax year 1912, the taxes thereon for such 
year are hereby declared to be void and shall not be collected, and for such 
year and all subsequent years such money or property shall be deemed to 
have been and be exempt from all taxation. (§10151a.) 



8554—16 



242 



SCHOOL LAWS OF INDIANA 



CHAPTER XXIII. 

School Indebtedness — Bonds and Notes. 



Sec. 
549. 
550. 
551. 
552. 
553. 
554. 

555. 
556. 



557. 
558. 
559. 
560. 
561. 
562. 

563. 
564. 
565. 
566. 

567. 
568. 
569. 



Bonds for school buildings. 

Use of proceeds. 

Special tax. 

Condition before biiilding. 

Surplus special school revenue. 

Schools cities and towns — Refund- 
ing. 

Levy — Sinking fund — Interest. 

Schools — Cities and towns — School 
buildings — School trustees may 
issue evidence of indebtedness. 

Tax to pay bonds and notes. 

Trustees give bond. 

Additional bond issue. 

School boards — Temporary loans. 

Interest — Warrants. 

Cities — Second class — Issue of 
bonds. 

Bonds in series — Time. 

Tax for bond redemption. 

Repeal. 

Bond issue — Towns or cities of 
1,000 to 5,000. 

Sale — Bond for proper use of funds. 

Special tax. 

Surplus special school revenue. 



Sec. 

570. Towns not over 2,000 — Funds for 

buildings — Bonds. 

571. Refunding bonds. 

572. Trustee's bonds. 

573 . Sale of property. 

574. Special tax, 

575. Surplus special revenue. 

676. Towns not over 1,000 — Bonds — 
Tax. 

577. How construed. 

578. Township business— Indebtedness 

— Issue of bonds. 

579. Duties of advisory board. 

580. School bonds and levies legahzed. 

581. Acts of school trustees legalized. 

582. Manual training and domestic 

science levies legalized. 

583. Erection of new school buildings — 

Funds. 

584. Emergency declared. 

585. Bonds authorized. 

586. Debt of civil and school township. 

587. Tax levy. 

588. Expenditure of funds. 

589. Sale of bonds. 



[Acts 1873, p. 60. Approved March 11, 1873.] 

549. Bonds for School Buildings. 1. Any city or incorporated 
town in this state which shall, by the action* of its school trustees have pur- 
chased any ground and building or buildings; or may hereafter purchase 
any ground and building or buildings; or has commenced, or may hereafter 
commence, the erection of any building or buildings for school purposes; 
or which shall have, by its school trustees, contracted any debts for the 
erection of such building or buildings, or the purchase of such ground and 
building or buildings; or such trustee shall not have the necessary means 
with which to complete such building or buildings, or to pay for the purchase 
of such ground and building or buildings, or pay such debt, may, on the 
filing by the school trustees of said city or town of a report, under oath, with 
the common council of such city, or the board of trustees of such town, 
shoT^dng the estimated or actual cost of any such ground and building or 
buildings, or the amount required to complete such building or buildings, or 
purchase such ground and building or buildings, or the amount of such debt, 
on the passage of an ordinance authorizing the same by the common council 
of said city or the board of trustees of such town, issue the bonds of such 
city or town to an amount not exceeding in the aggregate fifty thousand 
dollars, in denominations not less than one hundred nor more than one 



SCHOOL LAWS OF INDIANA 243 

thousand dollars and payable at any place that may be designated in the 
bonds (the principal in not less than one year nor more than twenty j^ears 
after the date of such bonds, and the interest annually or semi-annually, 
as may be therein provided) to provide the means with which to complete 
such building- or buildings, and to pay for the purchase of such ground and 
building or buildings, and to pay such debt. Such common council or board 
of trustees may, from time to time, negotiate and sell as many of such bonds 
as m*ay be necessary for such purpose, in any place and for the best price that 
can be obtained therefor in cash : Provided, That such bonds shall not be sold 
at a price less than ninety-four cents on the doUoar. (§6560.) 

1. CoNTBACT FOR GROUND. Under this section the bonds may be issued although 
the trustee has only contracted for the grounds or buildings. — Wilhams v. Town of 
Albion, 58 Ind. 329. 

550, Use of Proceeds. 2. The proceeds of the sales of such bonds 
shall be paid to the said school trustees, to enable them to erect or complete 
such building or buildings and pay such debt. But before payment to them, 
such school trustees shall file with the county auditor a bond, payable to the 
State of Indiana, in a sum not less than the full amount of the said money so 
to be paid to them, and with security to be approved by said a,uditor, condi- 
tioned for the faithful and honest application of such money to the purpose 
for which the same was provided; and such trustees, and their surety or sure- 
ties, shall be liable to suit on such bond for any waste, misapplication, or loss 
of such money in the same manner as now provided for waste or loss of school 
revenue. (§6561.) 

[Acts 1875, p. 29. Approved March 11, 1875.] 

551. Special Tax, 3. In addition to levying the tax by cities or in- 
corporated towns for general purposes, now authorized by law, the common 
council of any such cities, and boards of trustees of any such incorporated 
towns as shaU avail themselves of the provisions of this act, are hereby 
authorized and required to levy, annually, a special additional tax, at the same 
time and in the same manner as other taxes of such city or town are levied, 
sufficient to pay the interest and principal of said bonds falling due; which 
additional special tax shall be assessed and coUected as the taxes for state 
and county revenue are assessed and collected. The treasurer of said city 
or town shall keep accurate account of the revenue arising from said special 
tax, and shaU in his reports, when required by the city or town authorities, 
show the amount thereof received, the amount disbursed, and the amount 
thereof, if any, remaining delinquent. He shall pay out the same only by 
the authority of the common council of said city or board of trustees of such 
town; and shall permit the same to be applied to no other purpose than the 
payment of the principal and interest of such bonds; and official bonds of 
city and town treasurers shaU be construed to cover and include revenue 
arising from this source. Persons residing outside of any such city or town, 
and electing to be transferred to such town or city for educational purposes, 
or who shall send their children to the school taught in any such building, 
shall, with their property, be liable to such tax, as if they resided in such 
city or town, on all property owned by said person in the township where 
such city or town in located: Provided, always. That nothing in this act 



244' SCHOOL LAWS OF INDIANA 

shall be construed to prevent the school trustees of such town or city from 
admitting pupils into such schools from outside such city or town, in their 
discretion, upon the payment of tuition therefor, and without subjecting 
the property of their parents to such taxation, when such schools are not 
crowded and their admission shall, in no way, interfere with the progress 
of the children within such city or town: Provided, further. That the ad- 
ditional special tax, hereby authorized, shall not, in any one year, exceed 
fifty cents on any one hundred dollars of taxable property and one dollar on 
each poll. (§6562.) 

1. Levy Obligatory. It is the duty of trustees to levy annually a special addi- 
tional tax sufficient to pay the interest and principal of bonds issued for school build- 
ings and falling due; and where it appears that they have failed, neglected and refused 
to discharge their statutory duty, a writ of mandate is the proper legal remedy. — 
Gardner v. Haney, 86 Ind. 17. 

[Acts 1879, p. 76. Approved and in force March 20, 1879.] 

552. Condition Before Building. 1. Before the school trustees of 
any incorporated town or city in this state shall purchase any ground for 
school purposes, or enter into any contract for the building of any school 

■ building or buildings, they shall file a statement with the trustees of such in- 
corporated town, or common council of such city, showing the necessity for 
such purchase of ground, or the erection of such building or buildings, to- 
gether with an estimate of the cost of such ground or building or buildings, 
and the amount of means necessary to be provided to pay for such ground or 
building or buildings. And they shall not purchase any ground or enter 
into any contract for the building of any school building or buildings, until 
such action be approved by the trustees of such incorporated town, or by 
the common council of such city: Provided, however. That there shall be 
nothing in this act so construed as to affect any purchase of grounds, or 
contract made for the erection of any building or buildings for school pur- 
poses, prior to the taking effect of this act. (§6563.) 

[Acts 1879, p. 95. Approved March 31, 1879.] 

553. Surplus Special School Revenue. 1. It shall be the duty of 
the board of school trustees of any city or incorporated town in this state to 
pay over to the common council or board of school trustees of such city or 
town any surplus special school revenue in the hands of such school trustees, 
not necessary to meet current expenses; such excess of the revenue aforesaid 
to be applied for the payment of the interest or principal, or both, of any in- 
debtedness incurred under the provisions of the Act of March 8, 1873, 
authorizing cities and incorporated toAvns to negotiate and sell bonds to pro- 
cure means to erect and complete unfinished school buildings, and to pur- 
chase any ground and building for school purposes, and to pay debts con- 
tracted for the erection and purchase of buildings and grounds. (§6564.) 

[Acts 1917, p. 674.] 

554. School Cities and Towns — Refunding. .1. That in all cities 
of the State of Indiana, which are incorporated under the general laws of the 
state, and in all incorporated towns of this state, when the school city or 
school town of^any such city or incorporated town is indebted, which indebt- 



SCHOOL LAWS OF INDIANA 245 

edness is evidenced by bonds, notes or other obligations heretofore issued or 
negotiated by any such school city or school town, for the purpose of funding 
or refunding such indebtedness or any part thereof, reducing the rate of in- 
terest thereon, extending the time of payment thereof, and cancelling so 
much thereof as may be due or which shall become due, the board of school 
trustees of any school city or school town, in such cities or incorporated towns, 
are hereby authorized to issue the bonds of such school city or school town, 
with interest coupons attached, for an amount not exceeding in the aggregate 
the whole amount of the indebtedness of such school city or school town, 
which bonds may be in any denomination not less than fifty dollars ($50) 
nor more than one .thousand dollars ($1,000) and shall be paj^able at any 
place named therein and at a time not later than twenty (20) years from the 
date thereof, bearing interest not exceeding five per cent (5%) per annum, 
payable annually or semi-annually, and such board of school trustees of any 
such school city or school town may negotiate such bonds at any market or 
place at not less than par. In the event any city or incorporated town in 
this state shall have issued its bonds, notes or other obligations for the pur- 
pose of procuring funds with which to buy school grounds or erect school 
buildings, or repair such school buildings, and the proceeds derived by reason 
of the sale of such bonds have been used by the school cities or school towns 
of any such city or incorporated town for the purpose of buying grounds for 
school purposes, or erecting buildings or making improvements to school 
buildings, then it shall be lawful for the board of school trustees of any such 
school city or school town in such cities or incorporated towns and they are 
hereby authorized to issue and negotiate the bonds of such school city or 
school town for the purpose of funding or refunding such indebtedness or 
any part thereof for the same purposes and in the same manner and on like 
terms and conditions as provided for in this section in other cases. 

[Acts 1913, p. 842.] 

555. Levy — Sinking Fund — Interest. 2. For the purpose of paying 
bonds issued as provided in the foregoing section, the board of school trustees 
of any such school city or school town shall add to the tax duphcates thereof 
annually, a levy sufficient to pay all yearly interest on said bonds and may 
provide a sinking fund for the liquidation of the principal thereof when it 
shall become due, which sinking fund, together with the interest, increase of 
profit thereon, shall be applied to the payment of said bonds and to no other 
purpose. (§6577 b.) 

[Acts 1913, p. 485.] 

556. Schools — Cities and Towns — School Buildings — School Trus- 
tees May Issue Evidences of Indebtedness. 1. That in all cities, except 
cities of the first and second class, of the State of Indiana, which are incor- 
porated under the general laws of the state, and in incorporated towns of this 
state, the boards of school trustees in such city or incorporated towns are here- 
by authorized and empowered to borrow money and to issue their bonds or 
notes of such school city or school town, such bonds or notes to bear interest 
at a rate not exceeding five per cent per annum, and payable at such times 
within twenty-five (25) years from date as such school board may determine. 
The money obtained as a loan on such bonds or notes shall be disbursed 



246 SCHOOL LAWS OF INDIANA 

by order of such board in payment of expenses inciirred in buying grounds, 
building schoolhouses or in making repairs on school-buildings heretofore 
erected for such school city or town, and for no other use or purpose what- 
soever. Before any such debt is inciured, such school officers shall give notice 
by pubheation for three consecutive weeks in some newspaper published in 
such city or town, and if none be so published, then in some newspaper of 
general eirciilation in such city or town, or by posting such notice in five pub- 
lie places in such city or town for three weeks, which notices shall state the 
aggregate debt proposed to be incurred, the location of real estate, if it be 
proposed to buy real estate; the character and size of the building to be 
erected, and the nature of the improvement proposed: Provided, That 
no board of trustees shall create any indebtedness including all outstanding 
indebtedness exceeding two per cent of the taxable property of such city 
or town, as ascertained by the last assessment for state and county taxes 
previous to the incurring of the said indebtedness: And, provided, further, 
That said bonds or notes shall not be sold at a less rate than one hundred 
(100) cents on the dollar. (§6572.) 

Note. Construction of the Act of 1909, amending the statutes authorizing school 
trustees to borrow money and to issue bonds or notes. — Monical v. Heise, 49 App. 
302, 94 N. E. 232. 

The Act of 1909, Acts 1909, p. 100, amending the statute providing for the contract- 
ing of an indebtedness by school corporations of cities, is to be construed in connection 
with the Act of 1879, on the same subject and the notice required to be given by the 
Act of 1909 applies in case an indebtedness is to be incurred by contract as well as 
in case of issuance of notes or bonds. — Caldwell v. Bauer, 99 N. E. 117. 

557. Tax to Pay Bonds and Notes. 2. For the purpose of paying 
said bonds or notes issued as provided in the foregoing section, said school 
trustees are hereby empowered to levy annually a tax not to exceed twenty- 
five cents in any one year on each one hundred dollars of the taxable property 
of such city or town as ascertained by the proper assessing officers, and one 
dollar on each taxable poll: Provided, That the revenue derived from such 
levy shall be used only in payment of the principal and interest of said notes 
or bonded indebtedness. Any surplus remaining after the payment of said 
indebtedness shaU be covered into the special school revenues of such school 
oHy or town. (§6573.) 

558. Trustees Give Bond. 3. Before any board of school trustees 
shall sell or negotiate any of the notes or bonds herein provided for, such board 
of trustees shall file with the county auditor in which such city or town is 
situate, a bond payable to the State of Indiana, in a sum not less than the 
face value of such notes and bonds so to be sold, with seei;rity to be approved 
by the auditor, conditioned for the faithful and honest application of all 
such moneys to the purposes specified in this act. (§6574.) 

559. Additional Bond Issue. 1. After bonds or notes shall have 
been issued under this act any board of trustees of any school city or town in 
this state is hereby authorized and empowered to borrow money and issue its 
bonds or notes in any additional sum, not exceeding, including all issues out- 
standing, two per cent of the taxable property of such city or town, for like 
purposes as provided in §1 of this act. This act shall not be construed 
to repeal any law of this state which authorizes school trustees of such 



SCHOOL LAWS OF INDIANA 247 

cities or incorporated towns to leA^ taxes for school purposes and all parts 
of the general laws of this state not inconsistent herewith and which may 
be applicable to the general system of common schools in such cities or 
towns shall be in full force and effect. (§6575, as amended, 1909, p. 100.) 

[Acts 1917, p. 184. Approved March 6, 1917.] 

560. School Boards — Temporary Loans. 1. That whenever it 
is found by the board of school trustees or other proper authorities of any 
school city or school town that an emergency exists for the borrowing of money 
with which to meet the current expenses of the schools of such school town 
or school city, the board of school trustees or other proper authorities of such 
school city or school town may make temporary loans in antici])ation of the 
current revenues of such school town or school city to an amount not exceed- 
ing thirty-three and one-third (33 1-3) per cent of the amount actually levied 
and in course of collection for the fiscal year in which such loans are made. 
But 'provided, however, That in all school cities of the first, second, third, fourth, 
and fifth classes, no such loans shall be borrowed in excess of the sum of 
twenty thousand dollars (.l!>20,000) until the letting. of the same shall have 
been advertised once each week for two (2) successive weeks in two (2) 
newspapers of general circulation published in such school city, and until 
sealed bids have been submitted at a regular meeting of the school board of 
such school city, pursuant to such notices, stipulating the rate of interest 
to be charged by such bidder, and, provided further. That such school loan 
shall be made with the bidder submitting the lowest rate of interest and sub- 
mitting with his bid an affidavit showing that no coUusion exists between 
himself and any other bidder for such loan. 

561. Interest — Warrants 2. Such temporary loans shall be author- 
ized by a resolution of such board of s''hool trustees or other proper au- 
thorities, designating the nature of the consideration, the time and place 
payable, the rate of interest, not to exceed six per cent (6%) per annum, the 
revenues in anticipation of which such temporary loans are made and out 
of which the same are payable, and appropriating and pledging a sufficient 
amount of the current revenues of such school town or school city in antici- 
pation of which such temporary loans are made, and out of whi^h they are 
payable, to the payment thereof. Such temporary loans shaU be evidenced 
by the time warrants of such school town or school city in terms designating 
the nature of the consideration, the time and place payable, the revenues 
in anticipation of which they are issued and out of which they are payable. 
The interest accruing on such warrants to date of maturity shall be added to 
and included in the face value thereof. 

[Acts 1907, p. 164. Approved March 5, 1907.] 

562. Cities — Second Class — Issue of Bonds. 1. The board of 

trustees of the school corporation in any city of the second class in this state 
is hereby authorized and empowered to issue, negotiate and seU the negotiable 
bonds of such school city or corporation in such sums and denominations as 
such board may deem advisable for school uses and purposes, including the 
purchase of real estate, the repair and erection of buildings and their equip 
ment for school purposes, including the cost of lighting, heating and sanita- 



248 SCHOOL LAWS OF INDIANA 

tion and the payment of any existing indebtedness for any of the purposes 
aforesaid. Such bonds shall be known as "school improvement bonds" 
and payable at such places and at such times as such board may determine 
and as may be stated in the bonds and shall bear interest not to exceed four 
(4) per cent per annum, payable annually or semi-annually, for which 
interest coupons may be attached to said bonds, and may be negotiated and 
delivered at any market place at not less than their par value. Such bonds 
may be issued from time to time as the needs of such school city or corporation 
shall require: Provided, however, That the aggregate amount of all siich 
bonds of such school city or corporation, including all prior issues outstanding . 
at any one time, shall not exceed two (2) per "ent on the value of the 
taxable property within saeh city or corporation as ascertained by the last 
assessment for state and county taxes previous to the incurring of sur-h in- 
debtedness. No bonds shall be issued until the money therefor is paid to 
the treasurer of such board and interest thereon shall begi;: to accrue ?t the 
time of deHvery thereof. Preparatory to offering such bonds for sale, the 
board of school trustees shall give notice for not less than three (3) weeks, 
of the date fixed for the sale of such bonds, together with a description of 
such bonds, and of such offer, and invite bids therefor. Such notice shall be 
given by advertisements once each week in at least one newspaper published 
in such school city or corporation, the last of which publications shall be 
made at least one week before the date fixed tor the sale of such bonds, and 
by such other notice or advertisement as the board may make. Said board 
shall sell su ;h bonds to the highest or best bidder, but shall have the right 
to reject any and all bids. (§6505, as amended, Acts 1909, p. 124.) 

563. Bonds in Series — lime. 2. The ruU time for which such 
"school improvement bonds" shall run shall be twenty (20) years from the 
date of issuance thereof, but said bonds may be issued in a series so that su '.h 
portion thereof as the board of trustees may determine may be made to ma- 
ture at ttie end of any year within said period, or said bonds may be issued 
so that one- twentieth (1-20) thereof shall fall due at the end of each year, 
and the portion so falling due, together with the interest thereon, shall wlxen 
due be paid and canceled. (§6506, as amended. Acts 1909, p. 124.) 

564. Tax for Bond Redemption. 3. The board of school trustees 
shall have the power to, and shall levy a special tax in addition to other taxes 
authorized by law to be levied, sufficient to pay tLe principal and interest on 
such bonds as and when they become due and to create a sinking fund for 
the payment when due: Provided, however, That the total tax levy for the 
payment of t-ie principal, interest and sinking fund of all outstanding bonds 
of any such city shall not exceed the sum of eighteen cents on each one hixn- 
dred dollars' worth of taxable property and one dollar ($1.00) on each poll 
in such city in any one year, but this act shall not be construed to repeal any 
law of this state which authorizes boards of school trustees to levy taxes for 
school purposes. (§6507, as amended, Acts 1909, p. 124.) 

565. Repeal. 4. All laws and parts of laws in conflict herewith are 
hereby repealed; but this law shall not affect any bonds heretofore issued 
under any law in force at the time they were issued, nor shall it affect any 
law applying to any cities or corj. orations than those of cities of the second 
class. 



SCHOOL LAWS OF INDIANA 249 

[Acts 1907, p. 655. Approved March 12, 1907.] 

566. Bond Issue— Towns or Cities of 1,000-5,000. 1. The Board 

of school trustees of any incorporated town or city having a population of 
less than five thousand (5,000) and more than one thousand (1,000) as shown 
by the last preceding United States census, which shall have purchased ground 
for the erection of any building or buildings for school purposes or which shall 
have contracted any debts for the erection or repair of, such building or 
buildings, and which shall not have the necessary means with which to erect 
such building or buildings or to pay such debt, may, on the filing of a report 
under oath, with the board of trustees of the incorporated town or the 
common council of the city in which [such] school corporation is located, 
showing the actual or estimated amount required to erect such building 
or buildings, or the amount of such debt, on the passage of a resolution, ap- 
proving the same by the board of trustees of such town or common council 
of such city, may issue the bonds of such school town to an amount not ex- 
ceeding in the aggregate forty thousand ($40,000) dollars in denominations 
not exceeding [not less than] one hundred ($100.00) dollars nor more than 
one thousand ($1,000.00) dollars, said bonds [bearing] not to exceed five 
per cent interest, and payable at any place that may be designated in such 
bonds the principal in not less than ten years nor more than twenty-four 
years from the date of such bonds, and the interest annually or semi-annually, 
as may be herein provided, to provide means to erect such building or build- 
ings or to pay such debt. Such board of school trustees may from time to 
time negotiate and sell as many of such bonds as may be necessary for such 
purpose in any place and for the price that can be obtained therefor in cash: 
Provided, That such bonds shall not be sold for less than their par value. 
(§6556, as amended, 1909, p. 308.) 

567. Sale — Bond for Proper Use of Funds. 2. Before any board of 
school trustees shall sell any of the bonds provided for in §1 of this act 
such board of school trustees shall file with the county auditor a bond payable 
to the state of Indiana in a sum not less than the face value of the bonds so 
to be sold, with security to be approved by tlie auditor, conditioned for the 
faithfJ and honest application of such money to the purpose for which the 
same is provided, and such board of school trustees and their sureties shall 
be liable to a suit on such bond for any waste, misapplication or loss of such 
money as is now provided for waste or loss of school revenue. (§6557.) 

568. Special Tax. 3. In addition to levying the special tax for special 
school revenue, now authorized by law, the board of school trustees of any 
such towns or cities as shall have availed themselves of the provisions of this 
act are hereby authorized and required to levy ann lally a special additional 
tax at the same time and in the same manner as other school taxes of such 
towlis or cities are levied, suifioient to pay the interest and principal of said 
bonds falling due, which additional special tax shall be assessed and coUeeted 
as the taxes for state and county revenue are assessed and collected. The 
treasurer of said board of school trustees shall keep an accurate account of 
the revenue arising from said additional special tax and shall permit the 
same to be applied to no other purpose than the payment of the interest 
and principal of such bonds, and at the end of such school year the treasurer 



250 SCHOOL LAWS OF INDIANA 

of such board of school trustees shall file with the board .of trustees of the in- 
corx>orated town or common council of such city in which such school corpor- 
ation is located his sworn report as to such funds, showing the amount re- 
ceived by him, the amount paid out, when the same was paid, to whom and 
for what purpose it was paid, and the amount thereof, if any remaining in his 
hands, and if there be remaining in his liands an amount equal to or exceeding 
one cent on each one hundred dollars of taxable property of such town, the 
same shall be taken into account in making the levy for the ensuing year, 
and the official bond of the treasurer of such board of school trustees shall be 
construed to cover and include revenue arising from this sotirce: Provided, 
■ That the additional special tax levy hereby authorized shall not in any one 
year exceed fifty cents on any one hundred dollars of taxable property and 
one dollar on each poll. (§6558.) 

569. Surplus Special School Revenue. 4. It shall be the duty of 
the boards of S' hool trustees of such incorporated towns or cities in this 
state to apply any surplus special school revenue in their nandsnot necessary 
to meet the current expenses for the payment of the interest or princip^al or 
both, of any indebtedness incurred under the provisions of this act. (§6559.) 

[Acts 1907, p. 576. Approved March 12, 1907.] 

570. Towns Not Over 2,000— Funds for Buildings— Bonds. 1. 

The board of school trustees of any incorporated town having a population 
of not more than 2,000, according to the last preceding United States census, 
when it shall be found necessary for the proper accommodation of its schools 
to purchase a site and erect buildings thereon for school purposes and when 
such school trustees shall not have sufficient funds of such school town for 
such purposes, may on the filing of a refoit under oath with the board of 
trustees of the town in which such school corporation is situated, showing 
the actual or estimated amount required to pay for such ground and buildings 
and on passing of a resolution approving the same by said board of trustees, 
issue the bonds or notes of such school town to an amount not exceeding in 
the aggregate $6,000 in denominations of not less than $100 payable at any 
place designated by such school trustees, the principal to become d'se and 
payable in annual instalments as nearly equal as possible and running such 
length of time not exceeding 15 years, as the board of school trustees deem 
best, from the date of such bonds or notes, and the interest annually or 
semi-annually, as may be therein provided, not to exceed six per cent, per 
annum, to provide means with which to purchase such site and erect such 
school buildings. Such board of s-hool trustees, may from time to time ne- 
gotiate and sell as many of such bonds or notes as may be necessary for such 
purpose in any place and for the best price that can be obtained therefor in 
cash: Provided, That sach bonds or notes shall not be sold for less than their 
par value. Such bonds or notes shall be the debt of the school town for the 
benefit of which they are issued, and such school town shall assume and pay 
and be solely liable for the payment of such bonds or notes. (§6565, as 
amended 1909, p. 308.) 

571. Refunding Bonds. 2. In all cases where bonds or notes have 
been issued for the purposes stated in §1 of this act, by the board of 
school trustees of any such town in this state, the board of school trustees of 



SCHOOL LAWS OF INDIANA 251 

the school town located in such town are hereby authorized and empowered 
to refund said notes or bonds by issuing in lieu thereof the bonds or notes of 
such school town: Provided, That the consent of the board of trustees of 
such town shall be first given thereto by resolution. Such refunding bonds 
or notes shall be issued and sold on the same terms and subject to the same 
restrictions and conditions as herein provided for the original issue of bonds 
or notes. (§6566.") 

572. Trustees' Bond. 3. Before any board of school trustees shall 
sell any of the bonds or notes provided for in §§1 and 2 of this act, 
such board of school trustees shall file with the county auditor a bond payable 
to the State of Indiana in a sum nor less than the face value of the bonds or 
notes so to be sold, with security to be approved by the auditor, conditioned 
for the faithful and honest application of su<-h money to the purpose for which 
the same is provided, and such board of s^'hool trustees and their sureties 
shaU -be liable to a suit on such bond for any waste, misappropriation or loss 
of such money, as is now provided for waste or loss of school revenue. 
(§6567.) 

573. Sale of Property. 4. Such board of school trustees may sell 
school property in accordance with the provision of law,, and apply the pro- 
ceeds of such sale to the increase of the fund provided for in §1 of this 
act, and such increase shall be used only for the piu-pose contemplated in 
such section in the piu-chase of a site and the erection thereon of school build- 
ings. Nothing in this act shall be deemed to prevent or prohibit the funds 
of any township in which any such town is situated from being apT^lied in 
conjunction with the funds of such school town herebefore provided for in 
§1 and for the purpose herein set forth, under such agreement as to 
construction and use of such school buildings as may be determined upon by 
such school authorities of the town and township: Provided, That any 
building so constructed shall be located within the Umits of such incorporated 
town. (§656b.) 

574. Special Tax. 5. In addition to levying the special tax for special 
school revenue now authorized by law, the board of school trustees ot any such 
town as shall have availed themselves of the provisions of this act, are -here- 
by authorized to levy annually a special additional tax, at the same time 
and in the same manner as other school taxes of such towns are levied, for 
the purpose of paying the interest on said bonds or notes and principal 
falling due, which additional special tax shall be assessed and collected as 
the taxes for state and county revenue are assessed and collected, and the 
official bond of the treasurer of such board of school trustees shall be construed 
to cover and include revenue arising from this source: Provided, That the 
additional special tax hereby authorized shall not in any one year exceed 
fifty cents on any one hundred dollars oc taxable property and one dollar 
on each taxable poll. (§6569.) 

575. Surplus Special Revenue. 6. \t shall be the duty of the board 
of school trustees of such towns in this state to apply any surplus special 
school revenue in their hands, not necessary to meet current expenses, 
for the payment of the interest or principal, or both, of any indebtedness 
incurred under the provisions of this act. (§6570.) 



.252 SCHOOL LAWS OF INDIANA 

[Acts 1911, p. 102. Approved March 1, 1911.] 

576. Towns Not Over 1,000 — Bonds — Tax. 1. In all incorporated 
towns of ttie State of Indiana, having a porulation of not more tnan one 
thousand (1,000) according to last preceding United States census, the board 
of school trustees of such school towns are hereby authorized and empowered 
to borrow money, and to issue the bonds of such school town to an amount 
not exceeding in the aggregate twenty-five thousand dollars, suob bonds to 
bear interest at a rate not exceeding five per cent per annum, and payable 
at sur-h time within twenty years from the date of issuing such bonds, as such 
school boards may determine. The money obtained as a loan on such bonds 
shall be disbursed by order of such board, in payment of expenses incurred in 
buying grounds, building new schoolhouses, or in making repairs on school- 
buildings heretofore erected, for such school town, and for no other purpose 
whatever. Before such debt is incurred such school board shall give notice 
by pubUcation for three consecutive weeks in some newspaper published in 
such town, and if there is no newspaper published in such town, then in some 
newspaper of general circulation, published in the county in which such town 
is located, which noti<^e shall state the aggregate debt proposed to be incurred, 
the location of the real estate, if it be proposed to buy real estate, or to erect 
a new school-building, on real estate belonging to such town, the character 
and size of the building to be erected, and the nature of the improvement 
proposed. That for the purpose of raising money to pay such bonds, and 
the interest thereon, as the same shall become due. such school board may levy 

, an annual tax, not exceeding two per cent including all outstanding in- 
debtedness on all taxable property of such town as ascertained by the last 
assessment for state and county taxes previous to the incurring of such in- 
debtedness: Provided, however. That such bonds shall not be sold at a less 
rate than one hundred cents on the dollar. (§6559a.) 

577. How Construed. 2. This act shall not be construed to repeal 
any law of this state which authorizes school trustees of such incorporated 
towns to levy taxes for school purposes and all parts of the general laws of 
this state not inconsistent herewith, and which may be applicable to the 
general system of common schools, in such towns shall be in full force and 
effect: Provided, This act shall not authorize any school board to issue 
bonds for the payment of the cost of construction of any schoolhouse, for 
the erection of which a contract shall have been executed prior to the passage 
of this act. (§6559b.) 

[Acts 1905, p. 33. Approved February 23, 190.5.] 

578. Township Business — Indebtedness — Issue of Bonds. 1. 

Any township in this state, being indebted to an amount beyond the ability 
of the current taxes to meet, and which indebtedness is evidenced by bonds, 
notes or other obUgations heretofore issued or negotiated by such township, 
may for the purpose of funding or refunding such indebtedness or any part 
thereof, reducing the rate of interest thereon, extending the time of payment 
thereof and canceUng so much thereof as may be due, or which shall here- 
after become due, upon the vote of aU the members of the advisory board of 
su'jh townsh'p, together with the approval of the township trustee of such 
township, issue its bonds, with interest coupons attached, for an amount not 



SCHOOL LAWS OF INDIANA 253 

exceeding in the aggregate the amount of such indebtedness of such town- 
ship, which bonds may be of any denomination not less than fifty dollars and 
not more than one thousand dollars, and shall be payable at any place named 
therein in equal annual instalments, not exceeding in all the period of fifteen 
years, and shall bear any rate of interest not exceeding six per cent per annum, 
payable semi-annually, evidenced by coupons attached to such bonds, and 
may be negotiated at not less than par. The amount of such bonds in no 
event to exceed the constitutional limit of indebtedness. 

579. Duties of Advisory Board. 2. The advisory board of such 
township shall add to the tax duplicate thereof annually a levy sufficient to 
pay the yearly interest on said bonds and provide a fund for the liquidation 
of the principal thereof as they become due, and it shall be unlaAvful for the 
township trustee or advisory board to apply the funds arising from such levy 
to any other purpose. 

[Acts 1917, p. 376.] 

580. School Bonds and Levies Legalized. 1. That all bonds here- 
tofore issued by the order and direction of the board of school trustees or 
other authorities of any school oity or s-'hool town of this state, and all levies 
made for the i>ayment, under color, of any statute of this state for the build- 
ing of schoolhouses for the use of said school city or school town and said 
school trustees having sold said bonds and failed to construct said buildings, 
are hereby legalized, and all proceedings or acts of any such board of trustees 
of said city or town under which said bonds and levies were issued, are hereby 
fully legalized and declared vaUd, and all the funds derived from sale of said 
bonds now in the hands of the treasurer of any such school city or school 
town shall be transferred to the si.ecial school fund of said city or town and 
become a part of said fund and may be used for any purpose for which said 
special school fund may be used. 

581. Acts of School Trustees Legalized. 2. That where heretofore 
any levies have been made by order of the board of school trustees or other 
authorities of any school city or school town under color of any statute of 
this state for the purpose of payment of any bonds to be thereafter sold 
for the construction of any schoolhouse or for the making of any schoolhouse 
sanitary for the use of said school city or school town and said bonds were for 
any cause not issued and sold and the funds derived from said levies were 
not used for the purpose of paying said bonds or of making said schoolhouse 
sanitary, are hereby legalized and all proceedings or acts of any such board 
of trustees of such city or town under which said levies were made are hereby 
fully legaUzed and declared valid and the funds derived from the said levies 
now in the hands of the treasurer of any such school city or school town or 
to come into his hands from any said existing levies shall, if collected 
or hereafter collected, be transferred to the special school fund of said city 
or town and become a part of said fund, and may be used for any purpose 
for which the special school fund of said city or town may be used. 

582. Manual Training and Domestic Science Levies Legalized. 

3. That where heretofore any levies have been made by order of the board 
of school trustees or other authorities of any school city or school town in this 



254 SCHOOL LAWS OF INDIANA 

state for the purpose of creating funds to carry on the teaching of manual 
training and domestic science under a behef and apprehension that such 
levies were authorized under the Vocational Education laws, and the funds so 
derived from such levies have been used for the purpose of teaching manual 
training and domestic science, are hereby fully legalized, and said expendi- 
tures so made are hereby fully legalized and declared valid, and all funds de- 
rived from said levies now in the tiands of the treasurer of any school city or 
school town, and aU funds which may hereafter come into his hands from 
any such existing levies, shaU, when egllected, be transferred to the srecial 
school fund of said school city or school town and become a part of said funds 
and may be used for any purpose for which said special school fund may be 
used. 

[Acts 1917, p. 684.] 

583. Erection of New School Buildings — Funds. 1. That when 
any township in this state in which any school-building or school-buildings 
shaU have been condemned by the state board of health as insanitary, unsafe 
or unfit for use shall desire to erect a new school-building or a new central 
school building to accommodate the puwls of school age resident within such 
township, and provide for their education either in the common or high 
school bran3hes of study; and when the indebtedness necessarily incurred in 
erecting such school-building or school-buildings and purchasing the neces- 
sary groimds wiU be in exr-.ess of the two per cent (2%) constitutional debt 
limit of such s.:hool township, the trustee and advisory board of such township 
may proceed, in the manner hereafter provided, to borrow the money neces- 
sary to erect such school-building or school-buildings and to purchase the 
necessary grounds and to issue the bonds of such school township and civil 
township, respe'-tively, in any amount sufficient to defray the exi)ense of 
erecting such school-building or school-buildings and purchasing such school 
grounds, not exceeding in the aggregate twenty-five thousand dollars ($25,000). 

584. Emergency Declared. 2. Upon a special call of the trustee of 
such township, given in writing to each member of the advisory board of 
such township, stating the time, place and purpose of the meeting, such 
advisory board may, if a quorum be present, by t?onsent of a majority of 
all the members present, declare that an emergen^^y exists for the borrowing 
of money by and the issuance of the bonds of such school and civU township 
for the purpose of purchasing grounds and erecting a school-building or school- 
buildings. 

585. Bonds Authorized. 3. In the event that such emergency shall 
be det^lared to exist, such advisory board shall authorize such trustee, by 
special order, entered and signed upon the record, to borrow a sum of money, 
to be named, sufficient to defray the expenses of purchasing such school 
grounds and erecting such school-building or school-buildings. Such advisory 
board shall, in like manner, authorize such trustees to issue the bonds of such 
school township and of such civil township in such amounts, and in sufh 
denominations, as may be nef^essary to secure the money borrowed to defray 
the expenses hereinbefore provided for. Such bonds so issued shall bear 
interest at a rate not exceeding five per oent (5%) per annum, to be sold for 



SCHOOL LAWS OF INDIANA 255 

not less than par, and payable at suf-h times, within twenty (20) years from 
the date of issuance, as such advisory board may determine. 

586. Debt of Civil and School Township. 4. The amount of money 
named by s'jch advisory board as necessary for the purposes hereinbefore 
enumerated in this act shall be borrowed by such trustee as trustee of such 
school township, and as trustee of such civil township respectively, in such 
proDortionate amounts as such advisory board may determine, not to exceed, 
in either case, two per cent (2%) on the value of the taxable property within 
such school township or civil township, to be ascertained by the assessments 
last preceding for state and county taxes. The debt created by the money 
borrowed by such trustee as trustee of such school township, and the bonds 
issued as evidence of saeh indebtedness shall be deemed and considered as 
the debt of such school township and such school townshi;) shall be liable 
therefor; the debt created by the money borrowed by su3h trustee as trustee 
of such civil township and the bond issued as evidence of such indebtedness 
shall be deemed and considered as the debt of such civil township, and such 
civil township shall be liable therefor. 

587. Tax Levy, 5. For the purpose of raising money to pay such 
bonds and the interest thereon, as the same shall become due, sreh advisory 
board shall levy an annual tax on all taxable property situated within such 
school township and civil township in su2h amount as may be necessary 
to pay the interest and retire such bonds as they mature. 

588. Expenditure of Funds. 6. The money obtained as a loan on 
such bonds shall be disbursed by sue h trastee and advisory board in payment 
of t'te expenses inciirred in buying grounds and building a new school-building 
and for no other purpose whatsoever. 

589.. Sale of Bonds. 7. Before issuing such bonds, such township 
trustee shall advertise that bonds are to be sold in not less than one issue a 
week for three (3) weeks, in some paper of general circulation published in 
the county in which su'"-h township is situated, setting forth the amount of 
bonds offered, the denomination, the period to r^in, the rate of interest, and 
the date, T)la3e and ho'ir of selling. The township advisory board shall 
attend the sale of bonds and shall concur therein before such bonds are sold. 



256 



SCHOOL LAWS OF INDIANA 



CHAPTER XXIV. 

Text-Books. 



Sec. 






Sec. 


590. 


Selection of text-books. 




599. 


591. 


Schools — Text-books — Bids 


called 


600. 




for. 




601. 


691a. 


Bids— Contracts — Terms. 




602. 


592. 


May procure manuscripts. 






593. 


State not liable. 




603. 


594. 


Governor's proclamation. 




604. 


595. 


Sale for more than contract price. 


605. 


596. 


Embezzlement. 




606. 


597. 


Books for poor or indigent children. 


607. 


598. 


P'ailure to report — Embezzlement. 


608. 



Books to be uniformly used. 
Schools — Uniform text-books. 
Name and price of books on cover. 
Conditions for adoption of school 

text-books. 
Approval of bond. 
Price resti'icted. 

Authority to purchase — Price list. 
Appointment of dealers and agents. 
"Person" defined. 
Penalty. 



[Acts 1917, p. 441. Approved March 8, 1917.] 

590. Selection of Text-Books- 1. That the state board of education 
shall Lonstitute a board of commissioners for the purpose of making a selec- 
tion, or procuring the (.-ompilation for use in the common s. hools of the State 
of Indiana, of a series of text-books in the following branches of study, viz.: 
Spelling, reading, including primer, arithmetic-, geography, Enghsh grammar, 
physiology, history of the United States, domestic science, agriculture and 
industrial arts, and a graded series of writing books. The matter con- 
tained in the readers shall consist of lessons commencing with' the simplest 
expressions of the language, and by (a) regular gradation, advancing to and 
in'^-Juding the higher styles of aomposition, both in poetry and prose: Pro- 
vided, That none of said text-books shall contain anything of a partisan or 
sectarian character: And -provided, further, That the foregoing books shall 
be at least equal in size and quality, as to matter, material, style of binding 
and mechanical execution to standard text-books now in general use. 

591. Schools— Text-Books— Bids Called For. 2. The board of 
commissioners shall advertise for twenty-one consecutive days in two daily 
papers published in this state, having the largest circulation, that at a time 
and place to be fixed by said notice, and not later than six months after the 
first publication^thereof said board^will receive sealed proposals on the fol- 
lowing: 

First. From pubhshers of school text-books, for furnishing books to 
the school trustees of the State of Indiana for use in the common schools of 
this state, as provided in this act, for a term of five years, stating specifically 
in such bid the price at which each book will be furnished, and accompanying 
such bid with specimen copies of each and all books proposed to be furnished 
in such bid. 

Second. From authors of school text-books, who have manuscripts 
of books not published, for prices at which they wiU sell their manuscript, 
together with the copyright of such books, for use in the public schools of 
the State of Indiana. 



SCHOOL LAWS OF INDIANA 257 

Third. From persons who a,re willing to undertake the compilation of a 
book or books, or a series of books, as provided for in section one (1) of this 
act, the prices at which they are willing to undertake such compilation of 
any or all of such books to the acceptance and satisfaction of the said board of 
commissioners: Provided, That any and all bids by publishers, herein pro- 
vided for, must be accompanied by a bond in the penal sum of fifty thousand 
dollars, with resident freehold surety, to the acceptanae and satisfaction of 
the Governor of this state, conditioned that if any contract be awarded to any 
bidder hereunder, such bidder will enter into a contract to perform the con- 
ditions of his bid to the acceptance and satisfaction of said board: And pro- 
vided, further. That not bid shall be considered unless the same be accompanied 
by the affidavit of the bidder that he is in nowise, directly or indirectly, con- 
nected with any other publisher or firm who is now bidding for books sub- 
mitted to such board, nor has any pecuniary interest in any other piiblisher 
or firm bidding at the saine time, and that he is not a party to any compact, 
syndicate or other scheme whereby the benefits of competition are denied 
to the people of this state: And he it further provided, Th^t if any competent 
author or authors shall compile any one or more books of the fu-st order of 
excellence, and shall offer the same as a free gift to the people of this state, 
together with the copyright of the same and the right to manufacture and sell 
such works in the State of Indiana for use in the public schools, it shall be' 
the duty of siich board of commissioners to pay no money for any manuscript 
or copyright for such book or books on the subject treated of in the manu 
script so donated; and such board shall have the right to reject any and all 
bids, and at their option s.jch board shall have the right to reject any bid 
as to a part of such books, and to accept the same as to the residue thereof. 
(§6325.) 

This section is not open to the objection that it creates a monopoly. — State v. 
Haworth, 122 Ind. 462, 23 N. E. 946. 

591a. Bids — Contracts — Terms, 3. It shall be the duty of such 
board to meet at the time and place mentioned in such notice, and open 
and examine all sealed proposals received pursuant to the notice provided 
for in section two (2) of this act, and t shall be the further duty of such board 
to make a full, complete and thorough investigation of all such Lids or pro- 
posals and to ascertain under which of said proposals or proj ositions the school 
books could be furnished to the people of this state for use in the common 
schools at the lowest price, taking into consideration the size and qi ality 
as to matter, material, style of binding and mechanical execution of such 
books: Provided, always, That such board sliall not in any case contract 
with anv author, publisher or publishers for the furnishing of any bock, 
manuscript, copyright or books which shall be sold to jjatrons for use in the 
public schools of this state at a price above or in excess of the lowest cont.^"aet 
selling price of the same book or books at any place in the United States, 
which prices shall nclude all costs and charges for transportation to the rail- 
road or river station nearest to the several depositories in this state: Pro- 
vided, That when any contractor furnishing books to be used in the public 
schools of Indiana jnder the provisions oT this act shall contract to sell else- 
where the same book or books at a lower price than the contract price in 
Indiana, then the said contractor shall make the said lower price apply to 

8554 — 17 



258 SCHOOL LAWS OF INDIANA 

all future sales in Indiana: Provided, further. That if said contractor shall 
refuse to make such redu-ction in price then the Governor of the state shall 
investigate and if he shall find that the same book is sold elsewhere under 
like conditions at a lower price than the Indiana contract price, he shall then 
have the power jand it shall be his duty to order the contract with Indiana 
canceled and new books advertised for as heretofore provided: Provided, 
further. That no book or books in which any member of the board may have 
any financial interest, either directly or indirectly shall be adopted by said 
board: Provided, further. That no contract vmder the provisions of this act 
shall be made for a period exceeding five (5) years. Nothing in this act shall 
be construed as affecting any contracts now existing relating to the furnishing 
of school books for this state: And -provided, further, That the letting of 
all contracts for books shall be upon full and fair competition into which 
any person, persons, or corporation may enter and may bid to furnish any 
book or books whether such book or books be at the time in use in the 
schools of the state u.nder contract or not. 

592. May Procure Manuscripts. 4. If, upon the examination of such 
proposals, it shall be the opinion of such board of commissioners that such 
books can be furnished cheaper to the patrons for use in the common schools 
in the state, by procuring and causing to be published the manuscript of 
any or all of such books, it shall be their duty to procure such manuscript 
and to advertise for sealed proposals for publishing the same, in like manner 
as hereinbefore provided and under the same conditions and restrictions. 
And such contract may be let for the publication of all of such books, or for 
any one or more of such books separately; and it shall be the further duty 
of such board of commissioners to provide in the contract for the publica- 
tion of any such manuscript for the payment, by the publisher, of the com- 
pensation agreed between such board and the author or owner of any such 
manuscript for such manuscript, together with the cost or expense of copy- 
righting the same. (§6327.) 

593. State Not Liable. 5. It shall be a part of the terms and con- 
ditions of every contract made in pursuance of this act that the State of In- 
diana shall not be liable to any contractor hereunder for any sum whatever; 
but that all such contractors shall receive their pay and compensation solely 
and exclusively from the i:roceeds of the sale of the books, as provided for 
in this act. (§6328.) 

594. Governor's Proclamation. 6. As soon as such board shall have 
entered into any contract for the furnishing of books for use in the public 
schools of this state, pursuant to £he provisions of this act, it shall be the duty 
of the Governor to issue his proclamation announcing such fact to the people 
of this state. (§6329.) 

595. Sale for More Than Contract Price- 12. Any school trustee 
charged with the sales of any books under the provisions of this act, who shall 
directly or indirectly demand or receive any money for any book or books 
in excess of the contract price, as hereinbefore provided, shall be deemed guil- 
ty of a misdemeanor, and upon conviction thereof shall be fined in any sum 
not less than ten nor more than one hundred dollars, to which may be added 
imprisonment in the county jail for a term not exceeding sixty days. ( §6335.) 



SCHOOL LAWS OF INDIANA 259 

596. Embezzlement. 13. Any county school superintendent or 
trustee of any township or school corporation in this state who shall fraudu- 
lently fail or refuse, at the expiration of the term for which he was elected 
or appointed, or at any time during such term, when legally required by 
the proper person or authority, to account for and deliver and pay over to such 
person or persons as may be lawfully entitled to receive the same, all moneys 
or school books which may have come into his hands by virtue of the provi- 
sions of this act, shall be deemed guilty of embezzlement, and upon convic- 
tion thereof shall be imprisoned in the state prison for any period not more 
than five years nor less than one year and fined in any sum not exceeding 
one tho^jsand dollars, and rendered incapable of holding any office of trust 
or profit for any determinate period. (§6336.) 

597. Books for Poor or Indigent Children. 4. It shaU be the 
duty of each township trustee and each school board to furnish the neces- 
sary school books, so far as they have been or may be adopted by the state, 
to all such poor or indigent children as may desire to attend the common 
schools of his, or its, corporation, as in his, or its, opinion would be otherwise 
unable to attend such schools: Provided, That no township trustee in this 
state shall receive an amount exceeding five dollars as compensation for his 
services in any one year for duties performed in carrying out the provisions 
of this act, or the act to which it is supplemental. (§6341.) 

598. Failure to Report — Embezzlement. 10. Any county school 
superintendent, or trustee of any township, or member of any school board 
in this state, who shall fraudulently fail or refuse, at the expiration of the 
term for which he was elected or appointed, or at any time during such term, 
when legally required by the proper person or authority to account for and 
deliver and pay over to such person or persons as may be lawfully entitled 
to receive the same, all moneys or school books which may come into his 
hands by virtue of the provisions of law, shall be deemed guilty of em- 
bezzlement, and upon conviction thereof shall be imprisoned in the state 
prison not more than five nor less than one year, and fined in any sum not 
exceeding one thousand dollars, and rendered incapable of holding any office 
of trust or profit for any determinate period. (§6347.) 

599. Books to be Uniformly Used. 11. The books which have been, 
or may hereafter be, adoj^ted by the State of Indiana for use in its common 
schools by virtue of this act, or the act mentioned in section one hereof, shall 
be uniformly used in all the common schools of the state, in teaching the 
branches of learning treated of in such books, and it shall be the duty of the 
proper school officers and authorities to use in such schools such books for 
teaching the subjecits treated in them. (§6348.) 

[Acts 1913, p. 115] 

600. Schools — Uniform Text-Books. 1. That the state board of 
education shaU constitute a board of commissioners, for the purpose of mak- 
ing a selection, or procuring the compilation for use in the high schools of 
the State of Indiana, of text-books, as prescribed in this act. 

Said board shall select single text-books in the following subjects: Al- 
gebra; geometry; commercial arithmetic; history; United States, ancient. 



260 SCHOOL LAWS OF INDIANA 

mediaeval and modern; civil government; physical geography; commercial 
geography; history of English literature; history of American literature; 
English composition and rhetoric; Latin, — beginning Latin, Latin grammar, 
rrose composition, Caesar, Cicero, Virgil; German conversational method 
grammar and grammatical method grammar. 

The board shall select four elective text-books in each of the following 
subjects: Botany, zoology; physics; chemistry; agriculture; agricultural 
botany. 

Said board may select single or elective text-books in any additional sub- 
jects not included in this section, which are taught in any high school or any 
subject which may hereafter be inchided in the curriculum of any high school, 
whenever any high school shall determine to teach such subject, and when- 
ever such selection is made by said board, the text-book so selected shall be 
used in all high schools in the State of Indiana, teaching said subject. 
(§6324a.) 

601. Name and Price of Books on Cover. 13. It shall be the duty 
of any person or persons, firm or corporation who may hereafter furnish and 
supply books under the (.rovisions of this statute, or of the Act of 1889, the 
title whereof is set out in the first section of this act, to print in large letters 
upon the outside of the first cover of each book so furnished and supplied 
by him or them, the name of the adopted book, and upon the outside of the 
the back cover the price at which such book is furnished to be sold to pupils, 
under such contract, and it shall be the duty of all county superintendents, 
township trustees, and other school officers and school teachers, to see that 
all books so furnished to pupils, and bought by pupils for use in the schools 
of the state shall bear such imprint: Provided, T'lis section shall not apply 
to copy books. (§6350.) 

[Acts 1917, p. 539. Approved March 8, 1917.] 

602. Conditions for Adoption of School Text-Books. 1. That 
no r erson shall offer any school text-book for adoption, sale or exchange in 
the State of Indiana until he shall have complied with the following condi- 
tions : 

1. He shall file copies of all text-books proposed to be sold in the state 
by the company manufacturing such book or books, in the office of the state 
superintendent of public instruction with a sworn statement of the usual list 
pri.^e, the lowest net wholesale price, and the lowest net exchange j rice 
at which said book is sold or exchanged for an old book on the same subject 
of like grade and kind, but of a different series. 

2. He shall file with tne state superintendent of public instruction a 
bond with a responsible surety company authorized to do business in the 
State of Indiana as surety thereon, in a penal sum to be determined by the 
state superintendent of public instruction, not less than two thousand dol- 
lars ($2,000) nor more than ten thousand dollars ($10,000), conditioned as 
follows : 

(a) That he will furnish any of the text-books listed in said statement 
and in any other statement subsequently filed by him within five (5) years, 



SCHOOL LAWS OF INDIANA 261 

to any school district an^ any school 'orporation in the State of Indiana at 
the lowest price v'ontained in said statement and that he will maintain said 
■pri;ie uniformly throughout the state; 

(b) That he will reduce such prices in Indiana whenever reductions are 
made elsewhere in the United States, so that at no time shall any book so 
filed and listed by him be sold in the State of Indiana at a higher net price 
than is received for si;ch book elsewhere in the United States. 

(c) That all text-books offered for sale, adoption, or exchange in the 
State of Indiana, shall be equal in quahty to those deposited in the office of 
the state superintendent of pubhe instruction as regards paper, binding, 
print, illustrations, subject-matter, and all other particulars that may effect 
the value of such text-books; 

(d) In case he shall prepare an abridged or special edition of any of the 
books so listed by him, and shall sell such special edition elsewhere at a lower 
wholesale price than the wholesale price scheduled with the state superinten- 
dent, he shall file a copy of such special edition together with the price there- 
of as above stated, with the state superintendent of pubUe instruction; 

(e) He shall not enter into any understanding, agreement or combination 
to control the prices or to restrict competition in the sale of school text-books. 

603. Approval of Bond. 2. Such bond shall be approved by tbe 
attorney-general and shall continue in force for a period of five (5) years after 
its filing, at or before the expiration of such period a new bond shall be given, 
or the right to continue business within the state shall be forfeited. 

604. Price Restricted. 3. It shall be unlawful for any retail dealer 
in text-books to sell any books listed with the state superintendent of public 
instruction as hereinbefore provided at a price exceeding twelve per 3ent 
(12%) advance on the net price as so Listed. The dealer shall pay aU trans- 
portation charges. 

605. Authority to Purchase — Price List. 4. School cities, towns 
and townships are hereby authorized to purchase text-books from the pub- 
lishers at the prices listed with the state superintendent of public instruction 
as hereinbefore provided and to sell said books to the pupils at said listed 
prices or at such prices as wiU include the cost of trans uortation and the cost 
of handling. 

606. Appointment of Dealers and Agents. 5. That on and after 
taking effect of this act every contract made by the state board of education 
as a state board of school book commissioners for furnishing both common and 
high school books, shall provide that the county superintendent of schools 
in each county of the state shall aprjoint two (2) or more dealers or agents 
within the county who shall have charge of the sale and distribution of school 
books contracted for by such board of school book commissioners, and who 
shall carry a sufficient supply of such adopted books to supply the patrons of 
the county. The said dealer or agents shall also furnish each publisher hold- 
ing a contract with the State of Indiana under this act, satisfactory evidence 
of his financial responsibility, or furnish a surety bond covering the estimated 



262 SCHOOL LAWS OF INDIANA 

amount of sales to be made by him in any year: Provided, further, That said 
dealer or agents pay eash to the contractor or i^ublisher for all books received 
within sixty (60) days of the shipment of snch books. It shall be the duty of 
said dealer or agents annually in July to ascertain from the county superin- 
tendent the probable number of books that wiU be needed to supply the 
schools for the ensuing year, and upon receipt of this information he shall 
order said books on or before the first day of August in each year. 

607. "Person" Defined. 6. The word "person" whenever used in 
this act shall be construed to mean a person, firm, corporation or association. 

608. Penalty. 7. Any person violating any of the provisions of this 
act Si:aU, on conviction thereof, be punished by a fine not exceeding five 
hundred dollars ($500) or by imprisonment not exceeding three (3) months, 
or by both fine and imprisonment at the discretion of the court. 



SCHOOL LAWS OF INDIANA 



263 



CHAPTER XXV. 

Compulsory Education and Attendance Officer. 



Sec. 
609. 



Schools — Compulsory attendance 
of children. 

610. AgeUmit — Employment. 

611. Attendance officer — Duties. 

612. Schools — Attendance officers — How 

appointed. 

613. . Number of attendance officers. 

614. Per diem. 

615. Record of attendance. 

616. State board of truancy. 

617. Assistance furnished. 



Sev. 

618. Separate schools for incorrigibles. 

619. Confirmed truant. 

620. Expenses — Special levy. 

621. Duties of enumerators. 

622. Information for attendance officer. 

623. Penalty. 

624. Schools — Eleemosynary institu- 

tions. 

625. Compulsory education of dependent 

children. 



[Acts 1913, p. 616.] 

609. Schools — Compulsory Attendance of Children. 1. That it shall 
be the duty of every parent, guardian, or other person, in the State of Indiana, 
having the control or charge of any child, to cause such child to attend regular- 
ly a public, private, or parochial day-school, or two or more of such schools, dur- 
ing each school year for a term or period not shorter than that of the common 
schools of the school corporation in this state where the child resides. This 
section shall apply to every child not physically or mentally disqualified as 
hereinafter provided, who shall be of the age of seven years and of not more 
than the age of fourteen years, and shall apply to every child of fourteen 
years or more and not more than sixteen years of age, who is not actually 
and regularly employed, during the hours of the common school of such school 
corporation, in a useful emjjloyment or service, or is not lawfully employed 
in a gainful servi-^e agreeably to the provisions of this act concerning the 
employment of children in gainful occupations. If a child otherwise subje^-t 
to the provisions of this act shall be, as evideiiced by a certificate of a reput- 
able, duly licensed, and practicing physician, either physically or mentally 
unfit to attend school, then during such disability this act shall not apply 
to such child. If in the absence of such certificate, the person having control 
or charge of any child shall claim that it is so physi.'ally or mentally unfit, 
then it shall be the duty of the common school corporation, where the child 
resides, to cause the child to be examined by such physican or physicians, 
and if such physican or physicians, shall certify that such child is mentally 
or physiiially fit to attend school, then such child shall not be exempt from 
the provisions of this act, but unless they so certify such child shall be ex- 
empt from the provisions of this act during the continuance of such disabiUty : 
Provided, If a child, otherwise subject to the provisions of this act, shall, by 
reason of deafness, or partial deafness, or of blindness, or pa tial blindness, 
be unable to secure in the school named herein a proper education by use of 
the sense of hearing, or of the sense of sight, the parent, guardian, or other 
person having the control or charge of such children shall cause them between 
seven and eighteen years of age to attend the Indiana state school for the 
deaf, or the Indiana school for the bhnd, during the full scholastic; terms 



264 SCHOOL LAWS OF INDIANA 

of said schools unless discharged therefrom by the board of trustees of either 
of said schools; and the employment i:nder the provisions of this act of any 
of said children between the ages of seven and eighteen years during the school 
terms of said schools respectively is hereby prohibited unless a certificate of 
discharge issued by the superintendent of either of said schools be presented 
as herein provided. Application for admission of such children to such 
schools, respectively, shall be made out in the usual form and passed upon by 
the board of trustees of said respective schools, and no child shall be permitted 
to enter either of said schools until the application shall have been accepted 
by the proper board of trustees, and upon the rejection of any child's appli- 
cation by either of said boards, neither such child nor its parent, guardian, 
or other person having control or charge of it, shall thereafter, in respect of 
such child, be subject to the provisions of this act, until such child's apphca- 
tion shall be accepted. 

For the purpose of enforcing this a^t the age of children shall be established, 
if possible, first, by a duly verified copy of birth certificate or baptismal cer- 
rificate or passport to be produced to the proper common school corporation 
by parents, guardians or other persons having control or charge of children. 
If neither such certificate nor passport exists, then the age shall be established 
by the first school enumeration in which the age of the child appears. If 
there be no such enumeration then by the affidavit of the parent, guardian, or 
other person having control or charge of children, and the supporting af&davit 
of some disinterested person. (§6675.) 

610. Age Limit — Employment. 2. No child under sixteen years 
of age who under the provisions of this act would otherwise be required to 
attend school, shall be employed in any occupation during horn's wherein the 
common schools at the residence of the child are in session, unless the child 
shall have attained the age of fourteen years and shall have procured a cer- 
tificate from the executive officer of the common school corporation of which 
the child is a resident, or some person designated by him, showing the age, 
date and place of birth, if known, or ascertainable, of such child and showing 
that the child has passed the fifth grade in the common schools, or its equival- 
ent and a written and signed statement from the child's employer showing that 
the person making it has employed or is about to employ, such child; and 
showing the place and character of the employment. For the purpose of 
making the certificate herein required, it shall be the duty of such common 
school executive or other person designated by him. to obtain the information 
required as in section 1 of this act. If the date or place of birth can not be 
ascertained in any of these modes, then the school officer may certify that, 
in his opinion, the child is fourteen years of age, or more, and is physically 
fit to undertake the work he intends to do and to issue the certificate in q,c- 
eordanee therewith to the employer or prospective employer of the child. 
The employer shall keep the certificate on file and sliall produce it for in- 
spection and demand by any inspector of the department of inspection or 
any other official authorized by law to inspect the same, and shall immediately 
when his employment of such child shall cease, in writing, notify the school 
corporation of that fact and the date thereof, on blanks to be attached to 
the certificate by the school corporation. It shall be unlawful for the em- 
ployer to re-employ the child without a like new certificate. Such certifi- 



SCHOOL LAWS OP INDIANA 265 

(?ate having been presented to the employer, it shall not be necessary for the 
employer to procure another affidavit of the child's age for the service in the 
occupation mentioned in the statement of the employer to the school cor- 
poration. The state board of truancy shall define the meaning of the word 
occupation as used in this act. (§6676.) 

611. Attendance Officer — Duties. 3. Attendance officers whose 
appointment is by this act provided for, are hereby empowered and author- 
ized to enter any place wherein children are employed for the purpose of 
determining whether any children are so employed in violation of the pro- 
visions of this act. It shall be the duty cf all parents, guardians, and other 
persons having control or charge of children, and of all employers of childi'en, 
to furnish the attendance officers, upon request, full information concerning 
children employed by them, and for such purpose attendance officers shall 
have the right to examine any employment certificates, notices, registers, or 
other lists concerning employed children, required by the law to be kept on 
file or posted in places where children are employed. (§6677.) 

[Acts 1915, p. 151.] 

612. Schools — Attendance Officers — How Appointed. 4. The 

attendance officers mentioned in this act shall be appointed on the first day 
in May, unless said day be Sunday, and if so, on the following Monday, of 
each year and shall take office on the first day of the following August. 
The county board of education shall appoiiit an attendance officer for the 
county, who shall be known as county attendance officer, and who shall be 
under the county superintendent, in carrying out the provisions of this sta- 
tute and who shall be subject to removal from office by the county board of 
education for inefficiency, incompetency, or neglect of duty. In counties 
having a population of fewer than twenty-five thousand (25,000) inhabitants, 
according to the last preceding United States census, the county board of 
education, shall appoint the county attendance officer, and the person so 
selected shaU serve also as probation officer of such county unless the judge 
of the circuit court of such county shall appoint some other person to serve 
as such probation officer. It shall be the duty of such attendance officer 
to see that the provisions of this act are complied with, and when from per- 
sonal knowledge or by report or complaint from any resident or teacher within 
the territory under his supervision, he beUeves that any child, subject to 
the provisions of this act is habitually tardy or absent from school he shall 
immediately give or send by mail, to the parent, guardian, or other person 
having control or charge of such child, a written notice that the prompt 
and regular attendance of such child at school is required, and, if within five 
(5) days after this mailing or giving of notice, the person to whom it shall be 
given shall not comply with the provisions of this statute respecting the at- 
tendance of such child at school, then such attendance officer shaU make com- 
plaint against the person so notified in the juvenile court of that county, or 
the circuit court acting as juvenile court, or in any court of record, setting 
forth the violation of the provisions of this act. But one notice shall be re- 
quired for any one child during any one school year. Any person so notified 
who shall violate the provisions of this statute concerning the attendance of 
a child at school, shall be adjudged guilty of a misdemeanor and upon eon- 



266 SCHOOL LAWS OF INDIANA 

viction thereof shall be fined not less than one dollar ($1.00) nor more than 
twenty-five dollars ($25.00), to which may be added in the discretion of the 
court, imprisonment in the county jail for not less than two (2) nor more than 
ninety (90) days. Any attendance of&cer failing to perform any duties im- 
posed upon him by the provisions of this act, shall upon conviction, be fined 
in the sum of five dollars ($5.00) for each such failure. 

613. Number of Attendance Officers. 5. A city having a school 
enumeration of 2,000 or more children, or two or more cities or towns in any 
county having a combined school enumeration of 2,000 or more, may, if 
it or they desire, constitute a separate district for the administration of this 
act. Cities of this state having a school enumeration of 2,000 and less than 
10,000 children, shall have but one attendance officer; cities of more than 
10,000 and fewer than 20,000 may have two attendance officers; cities of 20,000 
and fewer than 30,000 may have three attendance officers; cities of 30,000 
and fewer then 40,000 may have four attendance officers; and cities of 40,000 
or more school enumeration may have five or more attendance officers, the 
number to be determined by the board of school commissioners of such city. 
The attendance officers of cities and such separate districts constituted as 
above provided, shall enforce the provisions of this act in the manner men- 
tioned in section 4 hereof and shaU be subject to the penalties therein men- 
tioned for failure in the performance of duty. The attendance officers of 
cities mentioned in this act shall be appointed by the school trustees or board 
of school commissioners, respectively, of such city. A person to be eligible 
for appointment as county or other attendance officer, in pursuance of this 
act shall have completed the eighth grade of the state's common schools or 
have an education equivalent thereto. (§6679.) 

614. Per Diem. 6. Attendance officers shall receive from the county 
treasury two dollars for each day of actual service, to be paid by the county 
treasury upon a warrant signed by the county auditor, and the county coun- 
cil shall appropriate, and the the board of county commissioners shall allow 
the funds necessary to make such payment. No warrant for the payment of 
such compensation to any attendance officer shall be issued until the atten- 
dance officer shall have filed, with the county auditor an itemized statement 
of the time he has been employed, and until such statement shall have been 
certified by the superintendent of schools of the county or of the school cor- 
poration which he serves. (§6680.) 

615. Record of Attendance. 7. An accurate record of the attend- 
ance of all children who have reached the age of seven years and have not 
passed the age of sixteen shall be kept daily by the teacher of every school, 
showing by the year, month, day of the month, and day of the week, such 
attendance. Such records shall at all times be open to the school authorities 
of the city or district and every such teacher shall fully answer all inquiries law- 
fully made by such school authorities or by attendance officers or other duly 
authorized persons. All school officers and teachers are hereby required to 
make and urnish all reports that may be required by the superintendent 
of pubhc instruction, by the state board of truancy, or the attendance officer 
with reference to the workings of this act. (§6681.) 



SCHOOL LAWS OF INDIA.NA 267 

616. State Board of Truancy. 8. A state board of truancy, to con- 
sist of the state superintendent of public instruction, a member of the state 
board of education, designated by that board for such purpose, and the 
secretary of the board of state charities, is hereby created. Said board shall 
have power to determine the special educational requirements to be possessed 
by all persons appointed as attendance officers and shall take such steps 
toward the uplift, unification, and systematization of methods of attendance 
work in this state as may be deemed proper by them and shall have all powers 
specfied in this act; and shall have power and be charged with the duty and 
responsibility of administering this act, defining the meaning of the terms used 
herein and setting up such standards, rules, regulations, and procedure under 
the provisions of this act as may be necessary from time to time to carry 
the same into effect and which local authorities charged with the adminis- 
tration of this act shall be required to follow. (§6682.) 

617. Assistance Furnished. 9. If any parent, guardian, or other 
person having control or charge of any child, who is subject to the provisions 
of this act, does not have sufficient means to furnish such child with books and 
clothing necessary to the attendance upon school, then the school corporation 
where such child resides shall fiirnish it temporary aid for such purpose, 
which aid shall be al owed and repaid to such school corporation upon the 
certificate of the executive officer of such school corporation, by the township 
overseer of the poor in the manner provided by law for the relief of the poor. 
Such certificate shall be accompanied by such information as wiU enable the 
overseer of the poor to make the reports required by law governing the re- 
lief of the poor. (§6683.) 

618. Separate Schools for Incorrigibles. 10. All common school 
corporations in this state are hereby empowered to maintain either within or 
without the corporate limits of such corporation, a separate school for in- 
corrigible and truant children. Any child who shall be a truant or ncorrig- 
ible may be compelled by the school corporation to attend such separate school 
for an indeterminate time. (§6684.) 

619. Confirmed Truant. 11. Any child, subject to the provisions 
of this act who habitually absents itself from school may be declared by the 
attendance officer and superintendent of schools of the county or of the city 
where it resides a confirmed truant. Such confirmed truant may be sentenced 
by the judge of the juvenile coiirt, or by the judge of the circiiit court act'ng 
as judge of the juvenile court or by the judge of any court of record, if a boy 
to the Indiana boys' school, or if a girl, to the Indiana girls' school provided 
such child is within the age limit set for admission to such institutions. If 
deemed advisable by the judge such incorrigible child may be sent to such 
other custodial institution within the state as the judge may designate. Its 
maintenance in such institution shall be paid as the law provides for the main- 
tenance of dependent children committed by the court to such custodial 
institutions. In all cases where a child is so committed to an inatitution it 
shall be placed in charge of the probation officer or some other person desig- 
nated by the court, to be conveyed under his direction to the designated in- 
stitution; and the actual necessary expense thereby incurred shaU be paid 
by the board of county commissioners. A woman shall always be sent as 
such attendant with girls so committed. (§6685.) 



268 SCHOOL LAWS OF INDIANA 

620. Expenses — Special Levy. 12. For the defraying o' the expen- 
ditures necessary in the carrying out of the provision of this statute, common 
school corporations of this state are empowered to levy in addition to any and 
all sums otherwise provided by law an amount of special school revenue 
not exceeding five cents on each $100.00 of taxable property, and such taxes 
shall be levied and collected as other special school revenues. (§6685a.) 

621. Duties of Enumerators. 13. In order that the provisions of 
this act may be more definitely enforced, it is hereby provided that the enum- 
erators of school children, in taking the annual school census shall ascertain 
and record the place and date of birth of every child enumerated, and the 
parent, guardian, or other persons having control or charge of such children, 
shall subscribe and take oath or affirmation that such record is true to the 
best of his information, knowledge, or belief. The enumerator is hereby em- 
powered to administer such oath or affirmation and any parent, guardian, 
or other person having control or charge of children, who shall refuse to take 
such oath or affirmation, unless the refusal be based upon the want of knowl- 
edge, information, or belief, shall be adjudged guilty of a misdemeanor, and 
upon conviction thereof shall be fined in any sUm not less than one dollar 
(!|1.00). (§6685f.) 

622. Information for Attendance Officer. 14. On or before the 
first day of each school year the executive officer of each school corporation 
shall furnish the attendance officer thereof -mth the names of the children, 
subject to the provisions of this act, who are enumerated in the regular enum- 
eration Usts. These names shaU be alphabetically arranged, and such official 
shall give to the attendance officer all information contained in the regular 
enumeration returns concerning the children so listed. The county and each 
school corporation, shall provide its own attendance officers with the neces- 
sary postage and such blanks as may be required by the state boaJrd of ti-uancy 
or the state superintendent of public instruction pertaining to the due ex- 
ecution of the duties of such attendance officers. (§6685e.) 

623. Penalty. 15. Any parent, guardian, or other person having 
control or charge of children who shall permit the employment of any 
uhild in violation of section 2 of this act and any one who shall employ a 
child in violation of that section and any person who shall violate any pro- 
vision of this act, for which offense no penalty is hereinbefore denounced, 
shaU be guilty of a misdemeanor and upon conviction thereof shall be fined 
not less than ten doUars, nor more than fifty dollars. (§6685d.) 

[Acts 1911, p. 332. Approved March 4, 1911.] 

624. Schools — Eleemosynary Institutions. 1. That no person, 
firm or corporation operating or conducting a correctional, charitable, be- 
nevolent or educational institution or training school in the State of Indiana, 
shaU be permitted to receive any child over the age of six years and under the 
age of tw.enty-one years as an inmate of such institution or training school, 
which child is being educated by any city, town or township school corpora- 
tion of the State of Indiana, unless a school transfer issued by the proper 
school officer accompanies the admission of such child. Such transfer to be 
binding on the school corporation issuing the same so long as such child re- 
mains in such institution or training school. ' (§6685e.) 



SCHOOL LAWS OF INDIANA 269 

625. Compulsory Education of Dependent Children. 2. Any 

person, firm or corporation operating or conducting a correctional, charitable, 
benevolent or educational institution or training school, in the State of 
Indiana, failing to send any child of school age to school who is not physically 
or mentally disqualified, and who is not sick, shall be guilty of a misdemeanor 
and upon conviction shall be, fined in any sum not less than five dollars and 
not more than twenty-five dollars ($25.00), for each and every offense and 
each day any child is wilfully kept from school during the school term, shall 
be considered a separate offense under the provisions of this act. (§6685f.) 



270 



SCHOOL LAWS OF INDIANA 



CHAPTER XXVI. 

State Noemal School. 



626. 


Established. 




Sec. 


627. 


Trustees — Corporate name. 


635. 


628. 


Term of office — Vacancies. 


636. 


629. 


Organization — Officers. 




637. 


630. 


Donations. 




638. 


631. 


Location. 




639. 


632. 


Contract for building. 




640. 


633. 


Model school. 




641. 


634. 


Duty of trustees. 




642. 




[Acts 1865, p. 


140. Appr 


Dved r 



Conditions of admission. 

Tuition fee. 

Principle of management. 

Report. 

Board of visitors. 

Certificates — Diplomas. 

Pay of trustees. 

Pay of treasurer and agent. 

scember 20, 1865.] 

626. Established. 1. There shall be established and maintained, as 
hereinafter provided, a state normal school, the object of which shall be the 
preparation of teachers for teaching in the common schools of Indiana. 
(§6686.) 

627. Trustees — Corporate Name. 2. . In order to the establishment 
and maintenance of such a school, the governor shall appoint, subject to the 
approval of the senate, four competent persons, who shall, in themselves and 
in their successors, constitute a perpetual body corporate, with power to sue 
and be sued, and to hold in trust all funds and property which may be pro- 
vided for said normal school, and who shall be known and designated as the 
"board of trustees of the Indiana State Normal School." The superintendent 
of public instruction shall be, ex officio a member of this board. (§6687.) 

628. Term of Office — Vacancies. 3. Two members of this board 
shall retire, as may be determined, by lot or otherwise, in two years after 
their appointment,, and the remaining two in four years; whereupon the 
governor, subject to the approval of the senate, shall appoint, as aforesaid, 
their successors for a period of four years. AU vacancies occurring in said board 
from death, or resignation, shall be filled by appointments made by the 
governor. (§6688.) 

629. Organization- — Officers. 4. Said board of trustees shall meet 
on the second Tuesday in January, 1866, at the office of the superintendent 
of public instruction, and shall organize, by electing one of its number presi- 
dent, and one secretary, each for a term of two years; and, at this or at a sub- 
sequent meeting, it shall elect some suitable person, outside of its number, 
as treasurer, who shall, before entering on duty, give bond in such sum as 
it may prescribe. ( §6689.) 

630. Donations. 5. Said board shall, at its first meeting, open books 
to receive, from different parts of the state, proposals for donations of grounds 
and buildings, or funds for the procuring of grounds and erecting of buildings, 
for said normal school. Also, it may, if deemed needful, at this or a subse- 
quent meeting, appoint one of its number, or other .-iompetent person, to visit 



SCHOOL LAWS OF INDIANA , 271 

the different parts of the state and explain the nature and object of said 
normal school, and to receive proposals of donations of buildings and grounds, 
or of funds for the same. (§6690.) 

631. Location. 6. Said board shall locate said school at such place 
as shall obligate itself for the largest donation: Providedi> &rst, That said 
donation shall not be less in cash value than fifty thousand dollars; second, 
that such place shall possess reasonable facilities for the success of ^aid 
school. (§6691.) 

632. Contract for Building. 7. Said board, shall immediately after 
the selection of place of location, rro^eed to let a contract, or contracts, for 
the erection of a building, to the lowest responsible bidder: Provided, That 
no member of the board be a contractor for building or for furnishing any 
material therefor. (§6692.) 

633. Model School. 8. Said board shall organize, in connection with 
the normal school, in the same building with the normal school or in a sepa- 
rate building, as it shall decide, a model school, wherein such pupils of the 
normal school as shall be of sufficient advancement shall be trained in the 
practise of organizing, teaching and managing schools. (§6693.) 

634. Duty of Trustees. 9. Said board shall prescribe the course of 
study for the normal school; shall elect the instructors and fix. their salaries; 
and shall determine the conditions, subject to limitations hereinafter specified, 
on which pupils shall be admitted to the privileges of the school. (§6694.) 

635. Conditions of Admission. 10. The following • conditions shall 
be requisite to admission to the privileges of instruction in the normal school: 

First. Sixteen years of age, if females, and eighteen, if males. 

Second. Good health. 

Third. Satisfactory evidence of undoubted moral character. 

Fourth. A written pledge on the part of the apphcant, filed with the 
principal, that said applicant wiU, so far as may be practicable, teach in the 
common schools of Indiana a period equal to twice the time spent as a puydl 
in the normal school; together with such other conditions as the board may, 
from time to time, impose. (§6695.) 

1. Students Must Submit to Rules. A student is reciuired to submit to any 
proper rule necessary for the good government of the institvition. — State v. White, 
82 Ind. 278. 

636. Tuition Fee. 11. Tuition in the normal school shall be free to all 
residents of Indiana who fulfill the four conditions set forth in the preced- 
ing section and such other conditions as the board may require. (§6696.) 

637. Principle of Management. 12. A high standard of christian 
morality shall be observed in the management of the school, and, as far as 
practicable, inculcated in the minds of the pupils; yet no relig'ous sectarian 
tenets shall be taught. (§6697.) 

638. Report. 13. Said board of trustees shall, biennially, make a report 
to the legislature, setting forth the financial and scholastic condition of the 
school; also make such suggestions as, in their judgment, will tend to the 



272 SCHOOL LAWS OF INDIANA 

improvement of the same ; and in the years in whioh there is no session of the 
legislature, it shall make a report of the scholastic condition of the school 
to the governor, on or before the first Monday in January. (§6698.) 

639. Board of Visitors. 14. The state board of education shall appoint, 
annually, in the month of June, or at its first meeting thereafter, a committee 
of three, who shall constitute a board of visitors, and shall, in a body or by 
one of its number, visit said school once during each term, and witness the 
exercises and otherwise inspect the condition of the school; and, by the close 
of the normal school year, they shall make a report to the board of trustees. 
The members of said board of visitors shall be allowed five dollars for each 
day's service rendered, and also traveling expenses, to be paid out of the 
state treasury. (As amended, 1873, p. 199; §6699.) 

[Acts 1873, p. 199. Approved March 5, 1873.] 

640. Certificates — Diplomas. 2. The board of trustees is authorized 
to grant, from time to time, certificates of proficiency to such teachers as 
shall have completed any of the prescribed courses of study, and whose moral 
character and disciplinary relations to the school shall be satisfactory. At 
the expiration of two years after graduation, satisfactory evidence of pro- 
fessional ability to instruct and manage a school having been received, they 
shall be entitled to diplomas appropriate to such professional degrees as the 
trustees shall confer upon them; which diplomas shall be considered sufficient 
evidence of qualification to teach in any of the schools of this state. (§6701.) 

[Acts 1865, p. 140. Approved December 20, 1865.] 

641. Pay of Trustees. 16. The members of the board of trustees 
shall each be allowed five dollars for each day's service rendered, also travel- 
ing expenses, to be paid out of the state treasury. (§6703.) 

642. Pay of Treasurer and Agent. 17. Said board shall pay its 
treasurer, and its agent, if such be appointed, as provided for in this act. 
such sums for their services as shall be reasonable and just. ( §6704.) 



SCHOOL LAWS OF INDIANA 



273 



CHAPTER XXVII. 

Accredited Normal Schools. 



Sec. 

64.3. State teachers' 
Duties. 

644. Courses of study. 

645. Two-year course. 



training board- 



Sec. 

646. Diplomas. 

647 . " Accredited ' ' school . 

648. When "accredited" denied. 



[Acts 1907, p. 451. Approved March 11, 1907.] 

643. State Teachers' Training Board — Duties. 1. The state board 
of education, in addition to its present powers and duties, shall be and 
is hereby constituted a state teacher's training board, and, as such, is 
authorized and directed to arrange for a regular system of normal school 
instruction throughout the state; to designate what schools and what pro- 
fessional departments in school shaU be accredited in the state system of normal 
school instruction; to fix conditions upon compliance with which present and 
future schools and departments may become accredited as a part of such 
system; to establish, inspect, pass upon and approve, reject, alter, amend or 
enlarge courses of study and teaching in the several accredited normal 
schools and the accredited professional departments in s^^hools of the state; 
and to determine upon credits to be allowed for the work of accredited schools 
and departments, and equivalents, if any, to be accepted for such work or 
any part thereof. Said board shall make no rule, regulation or requirement 
applying to any accredited school or department which shall not under like 
circumstances apply to each and every accredited school and department 
in the state, nor shall any requirement be in excess of the requirements of 
the Indiana state normal school; it being the purpose and intent of this ar-t 
that all schools and departments for normal instruction and the training of 
teachers shaU maintain as nearly as possible Like standards of excellence and 
efaciency, (§6313.) 

644. Courses of Study. 2. The state teachers' training board shall 
have power and authority to prescribe courses of study upon completion of 
which graded certificates of work done may be granted by any such ac- 
credited school, which certificate shaU be recognized by the Indiana state 
normal school so far as such certificates meet the requirements of said school 
course. (§6314.) 

645. Two-year Course. 3. In order to encourage trained teachers 
to teach in the district schools and in the grades in the small towns of the state, 
each accredited school and the state normal school may, subject to the rules 
and regulations of the state teacher's training board, establish a two-year 
course open to high school graduates, the completion of which will be accepted 
in lieu of a license and wiU entitle one to teach in the district schools and the 
grades in the smaU towns for three years without examination. (§6315.) 

Note. The minimum daily wages of teachers taking advantage of this provision 
will be S2.12 3^ the fli-st year and S2.70 during the second and third years. 

8554 — 1 



274 SCHOOL LAWS OF INDIANA 

6i6. Diplomas. 4. After two years from graduation, upon satisfac- 
tory evidence of professional experience and ability to instruct and m,anage 
a school, under rules and regulations therefor to be established by said state 
teachers' training board, graduates of any accredited school or department 
shall be entitled to diplomas to be issued by said accredited school, stating 
the character and amount of work completed. (§6316.) 

647. "Accredited" School. 5. Said state teachers' training board 
shall grant to each school and department accepting the provisions of this 
act and agreeing to be bound by the rules and regulations of said board the 
right to use the word "accredited" as a part of the title or name of such 
school or department, which right shall be revoked by said board at any 
time upon the refusal of any such school or department to abide by any rule 
or regulation of said board. (§6317.) 

648. When "Accredited" Denied. 6. It shall be unlawful for any 
school or department for normal instruction and the training of teachers 
which has not accepted the provisions of this act or whose authority under 
this act has been revoked to use the word "accredited" as a part of its name 
or title or to state that such school or department has been accredited. If 
any officer, employe, agent, OAvner, or part owner, or instructor or teacher 
in any school or department for normal instruction and the training of teachers 
which has not been accredited as provided herein or whose authority hereunder 
has been revoked as herein provided, shall use the word "accredited" as a 
part of the name or title of such school or department, or shall publish, ad- 
vertise, announce or say that such school or department is accredited, upon 
conviction of the same, he shall be fined in any sum of not more than five 
hundred dollars. (§6318.) 



SCHOOL LAWS OF INDIANA 



275 



CHAPTER XXVIII. 



Indiana University. 



Sec. 




Sec. 


649. 


Recognized. 


090. 


650. 


Tax for endowment fund. 


697. 


651. 


Application of fund. 


698. 


652. 


Bond of state. 


699. 


653. 


Loans by state auditor. 


700. 


654. 


Mortgages taken by state auditor. 


701. 


655. 


State may borrow fund. 


702. 


659. 


Trustees — Corporate name — Offi- 


703. 




cers — Powers. 


704. 


657. 


iThe first trustees. 


705. 


658. 


The first meeting. 


700. 


659. 


Vacancies. 


707. 


660. 


Pay of trustee.s. 


708. 


661. 


Trustees of ludiana University. 


709. 


662. 


Trustees' terms expiring 1891, suc- 


710. 




cessors. 


711. 


'663. 


Trustees' terms expiring 18!?3. suc- 


712. 




cessors. 


713. 


064. 


Registry of alumni. 


714. 


665. 


Nomination of trustees. 


715. 


666. 


Annual meeting of alumni. 


716. 


667. 


Method of voting by alumni. 


717. 


668. 


Annual meeting. 


718. 


669. 


Quorum — Temporary appoint- 


719. 




ments. 


720. 


670. 


Seminary township. 


721. 


071. 


Interest on loans. 


722. 


072. 


Faculty — Powers. 


723. 


073. 


No religious quaUflcation. 


724. 


074. 


No sectarian tenets. 


725. 


075. 


County students. 


726. 


670. 


Notice to counties. 


727. 


677. 


Treasiirer's bond. 


728. 


678. 


Board of visitors. 


729. 


079. 


Visitors not attending to be report- 


730. 




ed. 


731. 


680. 


Duties of visitors. 


732. 


681. 


Duties of secretary. 


733. 


682. 


Duties of treasurer. 


734. 


683. 


Report to state superintendent. 


735. 


084. 


Lectures by faculty. 


736. 


085. 


Geological examinations and speci- 


737. 




mens. 


738. 


680. 


Printing annual report. 


739. 


087. 


Contents of report. 


740. 


088. 


Notice of sessions. 


741. 


089. 


Buildings and repairs. 


742. 


09O 


Normal department. 


743. 


691 


Agricultural department. 


744. 


092 


Scholarships transferable. 


745. 


093 


Perpetual scholarships. 


740. 


094 


Library. 


747. 


095 


State geologist. 


748. 



Fund, how derived — Loans. 

Auditor of state to loan — Duty. 

Form of mortgage. 

Form of note. 

Loans — Security. 

Interest. 

Priority of mortgage. 

Recording of mortgage. 

Certificate as to liens. 

Abstract of title. 

Auditor's duty. 

Payment. 

Satisfaction. 

Loans, how collected. 

Judgment. 

Notice of sale. 

Sale. 

When auditor to buy — Re-sale. 

Limit of bid — Overplus. 

Statement of sale. 

Title in state, without deed. 

Sale for cash — Certificate. 

Sale on credit. 

Fees and damages. 

Accounts — R epor ts . 

Accoun.s with borrowers. 

Incerest when loaned. 

Unsold lands. 

Certificates of payment — Patent. 

Leases. 

Commissioners' report. 

Commissioners' duty. 

Pay of commissioners. 

Patents, and recording. 

Pay for managing fund. 

Extension of payments. 

Forfeiture, how prevented. 

Forfeited lands. 

Appraisement of lands. 

Where filed and recorded. , 

Duty of county auditors. 

Notice of sale. 

Sale. 

Terms of sale. 

Private en try r 

Certificate of purchase. 

Certificate to be registered. 

Certificate assignable. 

Forfeiture. 

Surplus. 

Forfeiture, how prevented. 

Land, how redeemed. 
Security. 



276 



SCHOOL LAWS OF INDIANA 



SEC. 

749. Suit for waste. 

750. Patent on full payment. 

751. Auditor's report. 

752. Treasurer's report. 

753. To pay money to state treasurer. 

754. Pay to auditor and treasurer. 

755. Loans. 

756. Disposition of proceeds. 

757. Report of sales. 



SEC. 

758. One trustee to attend sales. 

759. No member to deal in the lands. 

760. Trustees to get information. 

761. State treasurer collects loan. 

762. County auditors loan. 

76,3. Auditor of state can not loan. 

764. Counties pay interest. 

785. Suit for deficiency after sale. 

766. School of medicine. 



649. Recognized, 1. The institution established by an act entitled 
"an act to establish a college in the state of Indiana," approved January 
28, 1828, is hereby recognized as the university of the state. (§6705.) 

[Acts 1883, p. 82. Approved March 3, 1883.] 

650. Tax for Endowment Fund. 1. There shall be assessed and col- 
lected, as state revenues are assessed and collected, in the year of eio-hteen 
hundred and eighty-three, a,nd in each of the next succeeding twelve years, 
the sum of one-half of one cent on each one hundred dollars' worth of taxable 
property in this state; which money, when collected and paid into the state 
treasury in each of the years named in this act, shall be placed to the credit 
of a fund to be known as the permanent endowment fund of the Indiana 
University. (§6818.) 

1. FoRECLosuKE. A mortgage securing a loan of the permanent endowment 
fund may be foreclosed by public advertisement without suit, under sections 656 to 
665. — Fisher v. Brown, 159 Ind. 139; 64 N. E. 614. 

651. Application of Fund. 2. Whenever, after the first day of May, 
eighteen hundred and eight-four, there shall have been paid into the state 
treasury a sum of said permanent endowment fund sufficient to pay off any 
of the interest-bearing indebtedness of the state, it shall be the duty of the 
treasurer of state to pay off and cancel such indebtedness, and it shall be the 
duty of said treasurer of state to continue to pay off and cancel said interest- 
bearing indebtedness which may be due, or which, by the terms of the eon- 
tract creating such indebtedness, may be paid off, whenever there is a suffi- 
cient sum of said permanent endowment fund in the state treasury to pay 
off the same out of said permanent endowment fund. (§6819.) 

652. Bond of State, 3. It shall be the duty of the treasurer of state, 
immediately after paying off any of the interest-bearing indebtedness of the 
state, as provided for in section 2 of this act, to make and issue to the trustee 
of said imiversity and to their successors in office a non-negotiable bond of 
the state in an amount equal to the sum drawn from said permanent endow- 
ment fund and used in such payment. Said non-negotiable bond shall be 
signed by the governor and the treasurer of state and attested by the secre- 
tary of state and the seal of the state, and be made payable in fifty years 
after date, at the option of the state, and said bond .shall bear five per cent, 
interest from date until paid, which interest shall be paid semi-annually on 
the first days of May and November of each year, and the same shaU be 
applied to the current and extraordinary expenses of said university and be 
paid to the trustees thereof, under the same rules and regulations as is now 
required by law in the payment of the revenues of said university. The non- 



SCHOOL LAWS OF INDIANA 277 

negotiable bonds provided for in this act, when executed, shall remain in the 
custody of the treasurer of state. (§6820.) 

653. Loans by State Auditor. 4. That so much of said permanent 
endowment fund as shall not at any time be absorbed by the non-negotiable 
bonds of the state, as contemplated in this act, shall be loaned by the auditor 
of state at six per centum interest, payable annually in advance, in real 
estate security; and in making loans and disbursing interest collected the 
treasurer of state and the auditor of state shall be governed by the law now 
in force regulating the manner of making loans of the university funds and 
paying out interest collected, except as otherwise provided in this act. 
(§6821.) 

654. Mortgages Taken by State Auditor. 5. It shall be the duty of the 
auditor of state to^make a complete record of every mortgage and note exe- 
cuted on account of any loan from said permanent endowment fund in a 
book to be kept in his office for that purpose; and on payment of any loan to 
said fund said auditor shall enter a record of satisfaction in full on the margin 
of the record of the mortga.ge in his office and sign the same with his name; 
and he shall also, in like manner, enter satisfaction in full on the face of the 
mortgage; which mortgage, when presented bj^ the mortgagor; or any person 
holding title under him, to the recorder of the county wherein the land 
mortgaged is situated, shall authorize the recorder of said county to copy 
such entry on the record in his office. (§6822.) 

655. State May Borrow Fund. 6. If at any time hereafter the state 
shall need the loan of any part, or of all, of said permanent endowment fund, 
the state shall be a preferred borrower of so much of said fund as shall not be 
loaned at the time. But it shall be the duty of the treasurer of state to cause 
to be executed, a,s an evidence of any such loan, a non-negotiable bond of the 
state for the amount so borrowed in like manner as is provided in section 3 
of this act: Provided, If at any time hereafter the said Indiana university 
shaU be consolidated with any other educational institution or institutions 
of the state, or shall be removed from its present location for any cause 
whatever, the fund raised under the provisions of this act shall be held and 
used for the benefit of such institution, as consolidated or changed, noth- 
withstanding such change or consolidation whenever so removed or consoli- 
dated: Provided, further. That, after said date, no further appropriation 
shall be made to said university. (§6823.) 

656. Trustees — Corporate Name — Ofl&cers— Powers. 1. The board 
of trustees of the state university shall be eight in number, of whom not 
more than one shall reside in the same county, excepting the county of 
Momoe, from which two may be selected. They, and their successors, shall 
be a body poHtic, with the style of "The trustees of Indiana university;" 
in that name to sue and be sued; to elect one of their number president; to 
elect a treasurer, secretary, and such other officers as they may deem neces- 
sary; to prescribe the duties and fix the compensation of such officers; to 
possess aU the real and personal property of such university for its benefit; 
to take and hold, in their corporate name, any real or personal property for 
the benefit of such institution; to expend the income of the university for its 



278 SCHOOL LAWS OF INDIANA 

benefit; to declare vacant the seat of any trustee who shall absent himself 
from two successive meetings of the board, or be guilty of any gross im- 
morality, or breach of the by-laws of the institution; to elect a president, 
such professors and other officers, for such university, as shall be necessary, 
and prescribe their duties and salaries; to prescribe the course of study and 
discipline, and price of tuition in such university; and to make all by-laws 
necessary to carry into effect the powers hereby conferred. (§6706.) 

657. The First Trustees. 2. The following persons, and their succes- 
sors, shall constitute said board: Joseph S. Jenckes, of Vigo County; Joe 
B. McFarland, of Tippecanoe County; George Evans, of Henry County; 
William M. French, of Clark County; Ransom W. Aiken, of Monroe County; 
Johnson MeCullough, of Monroe County; James R. M. Bryant, of Warren 
County; John I. Morrison, of Washington County; three of whom shall serve 
for two years, two for three years, and three for four years. (§6707.) 

658. The First Meeting. 3. The first meeting of said board shall be 
held at the town of Bloomington, on Monday, the second day of April, 1855, 
when they shall determine, by lot, their several terms of service. (§6708.) 

659. Vacancies. 4. Vacancies in said board, whether occasioned by 
death, resignation, removal from the state, expiration of terms of service, 
or otherwise, shall be filled by the state board of education. (§6709.) 

660. Pay of Trustees. 5. The trustees of said universitj^ shall receive, 
when employed in the actual service of the university, the same pay as mem- 
bers of the general assembly. (§6717.) 

[Acts 1891, p. 65. Approved March 3, 1891.] 

661. Trustees of Indiana University. 1. The trustees of Indiana 
University shall hereafter be elected for such terms of service and in such 
manner, as is herein provided, and the terms of service of the trustees now 
in office, and of those hereafter elected, shall expire on the first day of July 
of the year in which such terms are to end. (§6710.) 

662. Trustees' Terms Expiring 1891, Successors. 2. Successors to 
tliree trustees whose terms of service expire in the year eighteen hundred and 
ninety-one (1891) shall be elected by the alumni of the University at the 
college commencement of the year 1891; one of the trustees so selected shall 
serve for one year, one for two years, and one for three years. At the first 
meeting of the board of trustees after July 1, 1891, the several terms of ser- 
vice of such three trustees shall be determined by lot. At the annual com- 
mencement of the year in which their terms expire, successors to such three 
trustees shall be elected by the alumni of the university, each to serve for three 
years. When vacancies m the board of trustees arise, from the death, 
resignation, removal from the state, expiration of term of service, or other- 
wise, of any of the three trustees to be elected in 1891, or any of their succes- 
sors, such vacancies shall be filled by the alumni. (§6711.) 

663. Trustees' Terms Expiring 1893, Successors. 3. Successors to 
the two trustees, Avhose terms of service expire in 1893, shall be elected by the 
state board of education, and one of such two successors shall be elected for 



SCHOOL LAWS OF INDIANA 279 

a term of two years, and the other for a term of three years. Successors to 
the three trustees, whose terms expire in 1894, shall be elected by the state 
board of education, one for a term of two years, and the other two trustees 
for terms of three years. Successors to the five trustees herein provided to be 
elected by the state board of education shall be elected by said state board of 
education, each trustee so elected to serve for three years: Provided, That 
trustees elected by the alumni, or the state board of education, to fill vacan- 
cies caused otherwise than by expiration of terms of service, shall be elected 
for such unexpired terms only. When vacancies in the board of trustees 
arise from the death, resignation, removal from the state, expiration of term 
of service, or otherwise, of any of the five trustees, or their successors herein 
provided to be elected by the state board of education, such vacancies shall 
be filled by said state board of education. (§6712.) 

664. Registry of Alumni. 4. A registry of the name and address of 
each alumnus of Indiana University residing in the State of Indiana shall be 
kept by the librarian of said university, who shall correct such addresses 
vrhen notified by the alumni so to do. The alumni of the university shall be 
those persons who have been awarded and on whom have been conferred 
any of the following degrees: Bachelor of Arts (A. B.), Bachelor of Letters 
(B. L.), Bachelor of Science (B. S.), Bachelor of Philosophy (B. Ph.), Bachelor 
of Laws (L. L. B.), Master of Arts (A. M.), Master of Science (M. S.), 
Doctor of Philosophy (Ph. D.). (§6713.) 

. 665. Nomination of Trustees. 5. Any ten or more alumni may file 
with the librarian of the university on or before the first day of April in each 
j^ear a written nomination for the trustee or trustees to be elected by the 
alumni at the next college commencement. Forthwith after such first day 
of April a list of all such candidates shall be mailed by said librarian to each 
alumnus at his address. (§6714.) 

666. Annual Meeting of Alumni. 6. The annual meeting of the 
alumni for the election of trustees shall be held at the university on the 
Tuesday before the annual commencement day of said university, at the hour 
of nine o'clock a. m., at which meeting a trustee shall be elected to serve for 
three years from the first day of July of such year, and any trustee or trustees 
which the alumni may be entitled to elect to complete any unexpired term or 
terms. (§6715.) 

667. Method of Voting by Alumni. 7. Each alumnus resident in the 
State of Indiana niay send to said librarian, over his signature, at any time 
before the meeting of the alumni for the election of such trustee or trustees, 
the vote for such trustee or trustees which he would be entitled to cast if 
personally present at such meeting, which vote such librarian shall deliver 
to such meeting to be opened and counted at said election, together with the 
votes of those who are personally present; but no person shall have more 
than one vote. The person or persons having the highest number of votes 
upon the first ballot shall be declared the trustee or trustees according as there 
may be one or more than one trustee to be elected: Provided, The votes 
received by said person, or by each of said persons, or at least fifty per 
cent, of all the votes cast. Otherwise the alumni personally present at such 



280 SCHOOL LAWS OP INDIANA 

meeting shall, from the two having the highest pluralities, elect a trustee, 
unless their pluralities shall aggregate less than fifty per cent, of the votes 
cast, in which case there shall be included in the number of those to be voted 
for, so manj^ of those coming after such two highest in order of pluralities as 
will bring the aggregate of such pluralities of those to be voted for to fifty 
per cent, of the votes cast. (§6716.) 

668. Annual Meeting. 3. Said trustees shall annually meet at the 
town of Bloomington at least three days preceding the annual commence- 
ment of the university. (§6718.) 

669. Quorum — Temporary Appointments. 4. Five of such trustees 
shall constitute a quorum; and, in ease an emergency is declared by the 
faculty, after there shall have been a called session at which the other mem- 
bers failed to attend, the trustees residing in the county of Monroe may 
fill vacancies in the faculty of the. university and the board of trustees; and, 
in ease there should not be three trustees in attendance upon such emer- 
gency, then those that are in attendance, together with such members of fche 
faculty as may be in attendance, shall fill such vacancies; but appointments 
thus made shall expire at the next meeting of the board. (§6719.) 

670. Seminary Township, 5. The trustees of said university shall 
receive the proceeds of the sales and rents of the three reserv^ed sections in the 
seminary township in Monroe county, and the same shall be paid to the 
treasurer of said trustees, on their order. (§6720.) 

671. Interest on Loans. 6. The interest arising from loans of the 
state university fund, as received at the state treasury, shall be paid on the 
warrants of the auditor of state; such warrants to be granted on allowances 
made to the persons entitled thereto by the board of trustees, and duly certi- 
fied bj^ their secretary. (§6721.) 

672. Faculty — Powers. 7. The president, professors and instructors 
shall be styled "'The facultj^" of said university and shall have power: 

First. To enforce the regulations adopted by the trustees for the govern- 
ment of the students; to which end they may reward and censure, and may 
suspend those who continue refractory, until a determination of the board 
of trustees can be had thereon. 

Second. To confer, with the consent of the trustees, siich literary degrees 
as are usually conferred in other universities, and, in testimony thereof, to 
give suitable diplomas, under the seal of the university and signature of 
the faculty. (§6722.) 

67.3. No Religious Qualification. 8. No religious qualification shall 
be required for any student, trustee, president, professor or other officer of 
such universitv, or as a condition for admission to anv privilege of the same. 
(§6723.) 

674. No_Sectarian Tenets. ,^9. No sectarian^tenets shall be inculcated 
by any professor at such university. (§6724.) 



SCHOOL LAWS OF INDIANA 281 

675. County Students. 10. The trustees shall provide for the tuition, 
free of charge, of two students from each county in this state, to be selected 
by the board of county commissioners. (§672.5.) 

1. Each county may send two students, free of tuition fees, to be instructed in 
the law department, as well as any other department. — McDonald v. Hagins, 7 Blackf. 
525. 

676. Notice to Counties. 11. The secretary of the board shall notify 
the county auditor of each county of the state whenever there shall not be in 
attendance at the university the number of students which such county is 
entitled to send free of tuition; of which such auditor shall notify the board 
of commissioners of such county at its next meeting. (§6726.) 

677. Treasurer's Bond. 12. The treasurer of the university shall give 
bond in a penalty, and with surety to be approved by such board, payable to 
the state, conditioned for the faithful discharge of his duties; which bond 
shall be filed with the auditor of state. (§6727.) 

678. Board of Visitors. 13. The Governor, lieutenant-governor, 
speaker of the house of representatives, judges of the supreme court, and 
superintendent of common schools [state superintendent of public instruc- 
tion], shall constitute a board of visitors of the university, and any three 
thereof a quorum. ( §6728. ) 

679. Visitors not Attending, to be Reported. 14. In case the mem- 
bers of such board of visitors fail to attend the annual commencement exer- 
cises of the university, the president of the board of trustees shall report 
such of them as are absent to the next general assembly, in its annual report. 
(§6729.) 

680. Duties of Visitors. 15. Such board of visitors shall examine the 
property, the course of study and discipline, and the state of the finances of 
the university, and recommend such amendments as it may deem proper, 
the books and the accounts of the institution bemg open to its inspection; 
and it shall make report of its examination to the Governor, to be by him laid 
before the next general assembly. (§6730.) 

681. Duties of Secretary. 16. The secretary of the board of trustees 
shall keep a true record of aU the proceedings of said board, and certify copies 
thereof. He shall also keep an account of the students in the university 
according to their classes, stating their respective ages and places of residence, 
and a list of all graduates. (§6731.) 

682. Duties of Treasurer. 17. The treasurer of said university shall • 
First. Keep true accounts of all money received into the treasury of 

said university, and of the expenditures thereof. 

Second. Pay out the same on the order of the board of trustees, certified 
by its secretary. 

Third. Collect the tuition fees due the same. 

Fourth. Make semi-annual settlements with the board of trustees. 

Fifth. Submit a full statement of the finances of the university, and his 
receipts and payments, at each meeting of the board of trustees. 



282 SCHOOL LAWS OF INDIANA 

Sixth. Submit his books and papers to the inspection of the trustees and 
visitors. (§6732.) 

683. Report to State SuperiTitendent. 18. The board of trustees, 
its secretary and treasurer, shall report to the superintendent of common 
schools [state superintendent of public instruction] all matters relating to 
the university, when by him required. (§6733.) 

684. Lectures by Faculty. 19. One member of the faculty, to be 
designated by a majority thereof, of which the secretary of the board shall be 
informed, shall, by himself or competent substitute, deliver a publid lecture 
on the principles and organization of the university, its educational facilities 
(being careful not to disparage the claims of other institutions of learning in 
the state), in at least fifteen different counties of the state, of which he shall 
give due notice; and in a vacation of less duration than one month a member 

of the faculty, to be designated as aforesaid, shall deliver such lecture in at * 
least three different counties; a brief statement of which letjtures shall, by the 
persons delivei'ing them, be reported to the board of trustees, annually, to 
be by them incorporated in the annual report to the general assembly; but no 
two such lectures shall be delivered in the same county until all the counties 
of the state have been lectured in. (§6734.) 

685. Geological Examinations and Specimens. 20. Such lecturers 
shall make such geological examinations and collect such mineralogical 
specimens as they may be able to make and procure; a report whereof they 
shall make to the board of trustees, to be by it incorporated in its annual 
report to the general assembly; and such specimens, together with those they 
may procure by voluntary donations, they shall deposit in a suitable room in 
the university buildings, to be fitted up for that purpose. (§6735.) 

686. Printing Annual Report. 21. The Governor of the state shall 
order the printing, annually, of five thousand copies of the annual report of 
the board of trustees, twenty-five hundred of which shall be for the use of 
the members of the general assembly and twenty-five hundred for the faculty. 

(§6736.) 

687. Contents of Report. 22. Such report shall contain what is now 
included in the annual catalogue, with such other matters as may be deemed 
useful to the cause of education, connected with the university. (§6737.) 

688. Notice of Sessions. 23. The board of trustees, through its presi- 
dent, shall give at least one month's notice of the commencement of each ses- 
sion of the university in at least one newspaper in the cities of Indianapolis, 
Louisville, in the State of Kentucky, and in New Orleans, in the State of 
Louisiana. (§6738.) 

689. Buildings and Repairs. 24. The board of trustees shall, annually, 
appoint a committee of its body to examine the university buildings and 
grounds adjacent, who shall report the kind and cost of repairs, if any are 
needed ; and one of the members of the faculty shall be appointed to take care 
of such buildings and grounds. (§6739.) 



SCHOOL LAWS OF INDIANA 283 

690. Normal Department. 25. Such trustees shall establish a normal 
department for instruction in the theory and practice of teaching, free of 
charge to such young persons, male and fem.ale, residents of the state, as may 
desire to qualify themselves as teachers of common schools, within the state, 
under such regulations as such board of trustees may make in regard to 
admitting to, kmd, and time of delivery of lectures in such department, and 
the granting of diplomas therein ; and such regulations shall be incorporated 
in the annual report of the trustees to the general assembly. (§6740.) 

691. Agricultural Department. 26. Such trustees shall also estabUsh 
an agricultural department in such university, under proper regulations, which 
shall likewise be set forth in their annual report. (§6741.) 

[Acts 1857, p. 130. Approved March 7, 1857.] 

692. Scholarships '^I'rahsferable. 1. All scholarships in the state 
university, issued for or founded upon subscription moneys paid by indi- 
viduals toward the construction of the university buildings, or any of them, 
or the right to use said scholarships for any session or sessions of the college 
year in said institution, may be transferred or sold by the holders thereof 
for a valuable consideration. (§6742.) 

■ [Acts 1861, p. 89. Approved May 31, 1861.] 

693. Perpetual Scholarships. 1. The contingent fee on perpetual 
scholarships, issued by the trustees of the state university, shall not be more 
than one dollar per session: Provided, That the trustees are hereby authori- 
zed to purchase said scholarships whenever, in their opinion, it is for the best 
interests of the university, at not more than ninety cents on the dollar, by 
giving notice in some newspaper published in the town of Bloomington, that 
they are ready to purchase said scholarship; and, after the date of such notice, 
no person shall be entitled to any benefits under the provisions of said scholar- 
ships, except to sell the same, as is provided in this act. (§6743.) 

[Acts 1861, p. 88. Approved May 11, 1861.] 

694. Library. 2. The state librarian is directed to transfer from the 
state library to the library of the Indiana University a complete set of journals 
of both houses of the legislature, a copy of all laws enacted since the organiza- 
tion of the state, and of all reports from the several departments of state, 
and of those received from other states, and from the general government, 
together with all other books and documents of which there are duplicates 
now in the state library, or shall be hereafter received: Provided, That such 
books and documents can be spared without injury to the state library 
and that such transfer be made without expense to the state. (§6744.) 

695. State Geologist. 3. The state geologist, while he holds his office, 
shall be regarded as a member of the faculty of the university, and he is 
hereby directed, in his reconnoisances, to collect duplicate specimens of 
mineralogy and geology, and to deposit one set of the same in the cabinet of 
the state university. (§6745.) 

696. Fund, How Derived — Loans. 28. The university fund shall consist 
of the lands in Monroe and Gibson counties, and the proceeds of sales thereof, 



284 SCHOOL LAWS OF INDL-^NA 

aud all donations for the use of such university, where the same is expressly 
mentioned in the grant, or where in such grant the term "university" only is 
used; the principal of which fund, when paid mto the state treasury, shall be 
loaned, and the annual interest thereon applied to the current expenses of 
the university, upon warrants drawn on the treasurer of state by the auditor 
of state, on the requisition of the board of trustees, signed by the president 
and attested by the secretary thereof. (§6746.) 

697. Auditor of State to Loan — Duty. 29. It shall be the duty of 
the auditor of state to loan out such fund upon real estate securit3^ He shall 
duly inform himself of the value of all real estate offered in pledge, and shall 
be judge of the validity of the title thereof; and any person applying for a 
loan shall produce to said auditor the title papers to such real estate, showing 
title in fee simple, without incumbrance and not derived through any execu- 
tor's or administrator's sale, or sale on execution. (§6747.) 

698. Form of Mortgage. 30. The mortgage to be taken may be in 
the following form in substance. (§6748 as amended, 1901, p. 342.) 

I, A. B., of the county of -, in the State pt Indiana, do assign and transfer to the 

State of Indiana all [here describe the land], which I declare to be mortgaged for the 

payment of dollars, with interest at the rate of six per cent per annum, payable 

in advance, according to the conditions of the note hereunto annexed. 

699. Form of Note. 31. The note accompanying the same may be, in 
substance, as follows. (As amended, 1901, p. 342; §6749.) 

I, A. B., promise to pay to the State of Indiana, on or before the day of 

the sum of- , with interest thereon at the rate of six per cent, per annum, in advance' 

commencing on the ■ day of , 19 -, and do agree that, in case of failure to 

pay any installment of said interest, the said principal shall become due and collectable, 
together with all arrears of interest; and on any such failure to pay principal or interest 
when due, five per centum damages on the whole sum due shall be collectea with costs, 
and the premises mortgaged may be forthwith sold by the auditor of pubhc accounts 
[auditor of state], for the payment of such principal sum, interest, damages and costs. 

700. Loans — Security. 32. No greater sum than five hundred dollars 
shall be loaned to any one person out of such fund, nor shall the loan be for a 
longer period than five years; and the sum loaned shall not exceed one-half 
of the appraised value of the premisels to be mortgaged, clear of all perish- 
able improvements. The auditor may reduce the amount to be loaned on 
any such valuation, when, for any cause, he may have reason to believe the 
same was not in proportion to the prices of similar property selling in the 
vicinity, such valuation to be made from the valuation of the same property 
in the assessment of the state revenue. (§6750.) 

701. Interest. 33. The rate of interest required shall be six per cent, 
in advance, payable annuall3^ On failure to pay any installment of interest 
when due, the principal shall forthwith become due, and the note and mort- 
gage may be collected. (As amended, 1901, p. 342; §6751.) 

702. Priority of IMortgage. 34. Such mortgages shall be considered 
as of record from the date thereof, and shall have priority of all mortgages or 
conveyances not previously recorded, and of all other liens not previously 
incurred, in the county where the land lies. (§6752.) 



SCHOOL LAWS OF INDIANA 285 

703. Recording of Mortgage. 35. It shall be the duty of the auditor 
so have such mortgages recorded with due diligence, the expense whereof 
shall be borne by the mortgagor, and may be retained out of the money 
borrowed. (§6753.) 

704. Certificate as to Liens. 36. The person applying for a loan shall 
file Avith the auditor the certificate of the clerk and recorder of the county 
in which the land lies, showing that there is no conveyances of or incumbrance 
on said land, in either of their offices. (§6754.) 

705. Abstract of Title. 37. Such person shall also, before be receives 
the money to be loaned, make oath to the truth of an abstract of the title to 
his said land, and that there is no incumbrance, or better claim, as he believes, 
upon said land. (§6755.) 

706. Auditor's Duty. 38. On making any loan of such fund, the 
auditor shall draw his warrant on the treasurer in favor of the borrower; and 
the treasurer shall pay the same and charge it to the proper fund. (§6756.) 

707. Payment. 39. All loans refunded and all interest shall be paid 
into the state treasury; and the treasurer's receipt shall be filed with the 
auditor of state, who shall give the payer a quietus for the amount thereof 
and make the proper entries upon his books. (§6757.) 

708. Satisfactioii. 40. Whenever the amount due on any mortgage 
shall be fully paid and the treasurer's receipt filed therefor, the auditor shall 
indorse on the note and mortgage that the same has been fully satisfied, and 
surrender them to the person entitled thereto; and on the production of the 
same, with such indorsement thereon, the recorder of the proper county shall 
enter satisfaction upon the record thereof. (§6758.) 

709. Loans, How Collected, 41. When the interest or principal of 
any such loan shall become due and remain unpaid, the auditor shall proceed 
to collect the same by a suit on the note, or by the sale of the mortgaged prem- 
ises, or both, as to him m^ay seem most advisable. He may, also, by proper 
action, obtain possession of the mortgaged premises. ( §6759.) 

710. Judgment. 42. In case of suit on suoh note, and judgment thereon 
no stay of execution or appraisement of property shall be allowed. (§6760.) 

711. Notice of Sale. 43. On failure to pay any interest or principal, 
when due on any such mortgage, the auditor shall advertise the mortgaged 
property for, sale in one or more of the newsijapers printed in this state, for 
sLxty days — such sale to take place at the court house door in Indianapolis. 
(§6761.) 

712. Sale. 44. At the time appointed for such sale the auditor and 
treasurer of state shall attend, and the auditor shall make sale of so much of 
the mortgaged premises to the highest bidder, for cash, as will pay the 
amount due for pi'incipal, interest, damages and cost of advertising and selling 
the sarne; and such sales may be in parcels, so that the whole amount required 
be realized. ( §6762. ) 

713. When Auditor to Buy.—Resale. 45. In case no one will bid the 
full amount due as aforesaid, the auditor shall bid in the same, on account 



286 SCHOOL LAWS OF INDIATSTA 

of the proper fund; and as soon thereafter as may be, he shall sell the same to 
the highest bidder for cash, or on a credit of five years, interest being payable 
annually in advance. (§6763.) 

714. Limit of Bid — Overplus. 46. The sale authorized in the pre- 
ceding section shall not be for less than the amount chargeable on such land; 
but if for more, the overplus shall be paid to the mortgagor, his heirs or assigns. 

(§6764.) 

715. Statement of Sale. 47. The treasurer shall attend and make a 
statement of such sales, which shall be signed by the auditor and treasurer, 
and, after being duly recorded in the auditor's office, shall be filed in the treas- 
urer's office, and such record, or a copy thereof, authenticated by the aud- 
itor's or treasurer's certificate, shall be received as evidence of the matters 
therein contained. (§6765.) 

716. Title in State, Without Deed. 48. When any land is bid in by 
the state at such sale, mo deed need be made therefor to the state; but the 
statement of such sale, and the record thereof made, as in the preceding sec- 
tion required, shall vest the title in the state, for the use of the fund. (§6766.) 

717. Sale for Cash — Certificate. 49. In ease of a sale of any such land 
to any person for cash, on the production of the treasurer's receipt for the 
purchase money, the auditor shall give to the purchaser a eiertificate, which 
shall entitle him to a deed for said land, to be executed by the governor of 
this state and recorded in the office of the secretary of state. (§6767.) 

718. Sale on Credit. 50. In like manner, when any tract bid in by 
the state or sold on a credit, on the execution and delivery of a note and mort- 
gage for the proper amount, as in other eases required, the purchaser shall 
be entitled to a deed for the same, to be made as prescribed in the preceding 
section; and the transaction shall be entered, and appear upon the auditor's 
and treasurer's books as a paj^ment of the sum bid, and a reloan of the same 
to the purchaser, and the proper receipts and warrants shall pass therefor. 
(§6768.) 

719. Fees and Damages. 51. For the services of the auditor and treas- 
urer in conducting such sales, they shall be entitled to receive five per cent 
damages, chargeable on such sales. (§6774.) 

720. Accounts — Reports. 52. The auditor and treasurer shall keep 
fair and regular entries of the sums received and paid out on account of said 
fund, and shall include the same in their annual reports. (§6775.) 

721. Accounts with Borrowers. 53. In addition thereto, the auditor 
shall keep fair and regular accounts with the borrowers of said fund, and 
shall report the names of borrowers with his annual report. (§6776.) 

722. Interest, When Loaned. 54. Should any interest remain on 
hand, not wanted for the use of the university, the same may be loaned as 
other funds. (§6777.) 

723. Unsold Lands. 55. The care and disposition of the lands belong- 
ing to and for the use of said university, remaining unsold or unpaid for, 



SCHOOL LAWS OF INDIANA 287 

shall be vested in the present commissioners of the reserved townships in the 
counties in which such lands maj^ li(3, who shall sell such as remain unsold, 
and such as are forfeited for non-payment, on such terms and under such 
regulations as the beard of trustees of such university may provide; except 
that, in every instance, the interest on the purchase money must be paid in 
advance. No purchaser, his heirs or assigns, shall have the right to cut dowia 
or destroy timber standing upon such land, other than for the erection of 
fences and buildings thereon, or for firewood to be used on the premises, and 
in fairly improving it for cultivation. (§6778.) 

724. Certificates of Payment — Patent. 56. On the first payment 
for any such land being made, the proper commissioner shall execute to the 
purchaser a certificate therefor; and, on final payment, the original certificate 
shall be surrendered to the commissioner, and by him filed away, and he shall 
give to the purchaser two final certificates, stating the whole amount of 
principal and the whole amount of interest paid, one of Avhich certificates 
shall be forwarded to the auditor of state; and on pi'esentation of the other to 
the auditor of state, if in all things correct, he shall countersign the same, 
which shall entitle the owner to a patent, to be issued by the Governor for 
the land so paid for. (§6779.) 

725. Leases. 57. Such commissioners may, from time to time, lease 
any such unsold improved land, for a term not exceeding one year, until the 
same can be sold; and such leases shall be guarded against trespass and waste 
by proper covenants. ( §6780.) 

726. Commissioners' Report. 58. Such commissioners shall make an 
annual report to the board of trustees of the lands remaining unsold, such as 
are forfeited, such as are not fully paid for, the amount due, and money 
collected from sale, as interest or principal; which report shall be subscribed 
and sworn to by such commissioners, respectively, and be incorporated in 
the annual report of such board to the general assembly. (§6781.) 

727. Commissioners' Duty. 59. Money collected by such commis- 
sioners shall be paid over to the treasurer of the board, who, shall execute 
to such commissioners tAvo receipts therefor, each specifying the persons for 
whom such money was collected, and the amount thereof, whether for interest 
or principal; one of which receipts shall be immediately forwarded to the 
auditor of state, to be by him used in his settlement with such treasurer. 
(§6782.) 

728. Pay of Commissioners. 60. Such board shall regulate the com- 
pensation of such commissioners. ( §678.3. ) 

729. Patents and Recording. 61. Patents for land sold shall be made 
by the Governor, and recorded in the office of the secretary of state. (§6784.) 

[Acts 1855, p. 201. Approved March 3, 1855.] 

730. Pay for Managing Fund. 7. The auditor of state and the treas- 
urer of state, for the management of the university fund, shall be, jointly, 
entitled to receive five per cent upon the interest paid in on such fund; 



288 SCHOOL LAWS OF INDIANA 

and it shall not be lawful for them, or either of them, to make any other charges 
against the same. (§6785.) 

731. Extension of Payments. 8. The time for the final payments to 
be made by the holders of original certificates for the purchase of lands re- 
served and granted to the state University of Indiana, in the case of all such 
certificates as have heretofore been issued and are now outstanding, shall 
be extended for the further term of three years from the time when the same 
may, respectively, fall due. (§6786.) 

732. Forfeiture, How Prevented. 9. Any and all holders of such 
certificates, as aforesaid, who have forfeited such lands by the non-payment 
of interest on the purchase money, shall be exempted and released from such 
forfeiture by paying, to the commissioners of such lands, on or before the 
first day of August, in the year 1855, all interest due on the same, together 
with the interest upon the amount due at the time of such forfeiture up to 
the time of said payment; and upon such payment being made, in the manner, 
and within the time herein specified, the holder of such certificate shall have 
the same rights under it as if such forfeiture had never occurred. (§6787.) 

733. Forfeited Lands. 10. If any portion of said lands now forfeited 
shall not have been redeemed on said first day of August next, as provided in 
the preceding section, it shall be the duty of the commissioners of such re- 
served lands to sell the same for the best price they can obtain, not less than 
the original purchase price, allowing the purchaser a credit on the same as 
now provided by law. If any of such lands shall hereafter be forfeited, it shaU 
be the duty of such commissioners, if the same be not redeemed within six 
months from the time of such forfeiture, to sell the same on the terms in 
this section above provided. For their services in effecting such sales, the 
commissioners shall be entitled to retain, out of the first money received from 
the purchasers, five per cent upon the amount of the purchase price of such 
lands. (§6788.) 

[Acts 1859, p. 234. Approved March 2, 1859.] 

734. Appraisement of Lands. 1. The board of trustees of the In- 
diana University shall cause to be appraised the land granted by the United 
States to the State of Indiana for the use of the said university. (§6789.) 

735. Where Filed and Recorded. 2. It shall be the duty of the said 
trustees, when the said appraisement shall have been made, to record the 
same upon their books, and to file a copy of the same in the office of the 
auditor of state, to be, by said auditor, recorded in his office; and, also, to 
file copies of such appraisements of the lands in the respective counties in 
the office of the auditor of the county where the lands are situate, to be by 
said county auditor recorded. (§6790.) 

736. Duty of County Auditors. 3. The auditor of each of the said 
counties shall, upon said appraisements being filed as aforesaid, and when 
required to do so by the said board of trustees, offer for sale so much of the 
said lands as may be within their respective counties at public auction, in the 
manner hereinafter mentioned. (§6791.) 



SCHOOL LAWS OF INDIANA 289 

737. Notice of Sale. 4. Notice of the time, place and conditions of such 
sale shall be given by publication, for four weeks successively in a newspaper 
published in such county, if any there be; if not, in a newspaper in this state 
published nearest thereto, and also by posting up written or printed notices 
thereof in three of the most public places in the township in which the lands 
are situated, and a like notice at the courthouse door at the county seat. 
(§6792.) 

738. Sale. 5. The place of sale for said lands shall be at the courthouse 
in each county of the state in which the said lands may be situated, and it 
shall be the duty of the county auditor to attend at the courthouse of his 
county at the time mentioned in the notice of the sale of said lands, and 
offer for sale at public auction, in legal subdivisions, and as near as practicable, 
in half-quarter sections, all the lands lying within his county; and, for that 
purpose he shall continue the sale from day to day, until all the said 
lands shall have been offered for sale. ( §6793. ) 

739. Terms of Sale. 6. The said lands shall be offered for sale at the 
time and place mentioned in such publication, and struck off to the highest 
bidder, by said county auditor and county treasurer, for a price not less than 
the appraised value thereof — one-fourth of the purchase money to be paid 
in hand, and the remaining three-fourths at the expiration of ten years from 
the date of such sale, with interest annually in advance, at the rate of seven 
percent per annum, upon the residue or deferred payment. (§6794.) 

740. Private Entry. 7. When any of said lands, offered at public 
sale as aforesaid, shall remain unsold, they shall be subject to private entry 
with the county auditor and county treasurer of each countj", upon the same 
terms and conditions as lands sold at public auction, for a sum not less than 
the appraised value thereof, by any person applying to enter the same. 
(§6795.) 

741. Certificate of Purchase. 8. When any sale shall be effected, 
either at public or private sale as aforesaid, the county auditor shall give to 
the purchaser thereof a eertiiicate, signed by him officially, bearing date on 
the day oj sale, stating therein the name of the purchaser, the tract or tracts 
of land purchased by him, the number of acres contained in said tract or 
tracts, the price per acre, and the whole sum for which the same was sold, 
the amount of principal paid, and the amount of interest paid in advance. 
(§6796.) 

742. Certificate to be Registered. 9. Said certificate shall be regis- 
tered by the county auditor in a book provided for that purpose, by entering 
in said book a correct copy thereof. (§6797.) 

743. Certificate Assignable. 10. Said certificates of entry shall be 
evidence of title to the land therein mentioned in the persons in whose 
names they shall issue, or their assigns, and shall be assignable, provided such 
assignments be acknowledged before the auditor of the county wherein the 
land is situated (who is hereby authorized to take such acknowledgments), 
and recorded by said auditor in a book to be kept by him for that purpose; 
for which service the said auditor shall be entitled to receive a fee of fifty 
cents, to be paid by the assignor of such certificate. (§6798.) 

8554 — 19 



290 SCHOOL LAWS OF INDIANA 

744. Forfeiture. 11. On failure of any purchaser to pay any instal- 
ment of interest on said deferred payment of purchase money when the same 
becomes due, the contract shall become forfeited and the land shall im- 
mediately revert to the state for the use of said universitj-, and the county 
auditor shall forthwith proceed to sell the same in the manner and on the 
terms hereinbefore specified for said public sales. (§6799.) 

745. Surplus. 12. If, on such subsequent sale, such lands shall produce 
more than is sufficient to pay the sum owing therefor, with interest and costs 
and five per cent damages upon the amount due on such lands, the surplus 
shall, when collected, be paid over to the purchaser so forfeiting or his legal 
representative. (§6800.) 

746. Forfeiture, How Prevented. 13. At any time before sizch sub- 
sequent sale, payment of the sum due, with interest for the delay, and all 
costs, together with tAvo per cent damages upon the amount due on such 
lands, shall prevent such sale and revive the original contract. (§6801.) 

747. Land, How Redeemed. 14. The former owner of any lands sold 
as delinquent, his heirs, executors or administrators, may, at any time with- 
in one year after such resale, redeem the same by paying to the purchaser, 
his heirs or assigns, or to the county treastirer, for him or them, the amount 
of purchase money paid by such purchaser, together with all subsequent 
payments, either of principal or interest, which such purchaser, or those claim- 
ing under him, may have made thereon, with interest at the rate of ten per 
cent per annum. (§6802.) 

748. Seeurity. 15. The board of trustees may require security from 
the purchaser at any of said sales, sufficient to prevent any waste being com- 
mitted upon the lands by the removal of timber therefrom, or otherwise. 
(§6803.) 

749. Suit for Waste. 16. In case of any forfeiture as aforesaid, the 
purchaser so forfeiting shall be liable and may be sued for unnecessary injury 
or waste done to such land, and damages to double the amount of such injury 
or waste recovered therefor — such suit to be begun and prosecuted by the 
auditor of the county where the land lies, in the name of the State of Indiana, 
for the use of said university. (§6804.) 

750. Patent, on FuH Payment. 17. On full payment being made 
for any such land the county auditor shall issue to the purchaser, or his as- 
signee, a final certificate therefor; which, upon presentation to the auditor of 
state, shall" entitle the owner thereof to a patent for the land described therein, 
to be issued by the Governor and recorded in the office of the secretary of 
state. (§6805.) 

751. Auditor's Report. IS. The county auditor shall make, on the 
first Monday of each month, a report of his sales of said lands to the secretary 
of the board of trustees and to the auditor of state, showing the date of sale, 
the description of the lands sold from time to time, the number of acres, the 
price per acre, the total amount of interest paid, and of all forfeitures, re- 
sales and redemptions thereof. ( §6806.) 



SCHOOL LAWS OF INDIANA 291 

752. Treasurer's Report. 19. The county treasurer shall make a 
report, on the first Monday of each month, to the treasurer of the board of 
trustees of the university and to the treasurer of state, of all moneys received 
by him, whether principal or interest, on account of such lands; and the said 
board of trustees shall require the books of their secretary and treasurer to 
be so kept as to exhibit the true condition of the accounts of all such purchases 
and sales of the said lands. (§6807.) 

753. To Pay Money to State Treasurer. 20. The county treasurer 
shall, on the first Monday of each month, pay over to the treasurer of state 
all sums received on account of the principal of the purchase money of said 
lands, and shall pay to the treasurer of the board of trustees of the university 
all sums received on account of the interest upon the purchase money of the 
said lands. (§6808.) 

754. Pay to Auditor and Treasurer. 21. The several county auditors 
and treasurers shall receive for their services the same compensation which 
may, from time to time, be allowed by law for similar services in relation to 
the sale of common school 'ands, which shall be in full for all their services 
required by this act. (§6809.) 

755. Loans. 22. The auditor of state shall loan out the said prin- 
cipal of the moneys received from the several county treasurers on account 
of said sales, in the same manner, and requiring the same security, as other 
portions of the university fund is now or may hereafter be required by 
law to be loaned out, and shall pay over to the treasurer of the board 
of trustees the interest derived from said principal, as a part of the ncome 
of the university. The said auditor of state shall, in his annual report to 
the legislature, report the names of the borrowers of the whole of the 
university fund, the amount borrowed by each, and the total amount on 
loan, at the date thereof, and the amount of the suspended debt, if any, and 
in whose name forfeited. (§6810.) 

756. Disposition of Proceeds. 23. Of the first proceeds of said sum, 
the said board of trustees shall be entitled to receive an amount equal to the 
amount of interest belonging to the university and loaned out as principal 
by the auditor of state, as shown by the report of that officer to the general 
assembly at the session of 1851-52; which shall be paid to the treasurer of the 
board of trustees of the university, and be applied, under the order of the 
board of trustees, to the discharge of the debts growing out of the rebuilding 
of the university, and to the purchase of a suitable library, philosophical 
apparatus therefor, or proper ftirniture, in place of those destroyed by the 
burning of the university. ( §6811.) 

757. Report of Sales. 24. The board of trustees shall, in their annual 
report, include a full statement of the amount of the sales of such lands, and 
the application of the funds received therefor, as reported to them, from time 
to time. (§6812.) 

758. One Trustee to Attend Sales. 25. One member of the board 
of trustees, to be designated by the board, shall attend to the pubUc sales 
of the said lands, to prevent combinations injurious to the interests of the 



292 SCHOOL LAWS OF INDIANA 

university; and he shall have power to withdraw the said lands, or any por- 
tion thereof, from sale, when, in his judgment, the interests of the university 
would be thereby promoted, and shall have the power and right to designate 
and determine in what subdivisions any of the said lands may be sold, at the 
time of said public sale, for the best interests of the said university. (§6813.) 

759. No Member to Deal in the Lan4s> 26. No member of the board 
of trustees of the university shall either directly or indirectly, become the 
purchaser of any such lands at any sale made by the county auditor, or by 
private entry with the auditor, after any forfeiture of purchase, and any sale 
made to any member of the said board, contrary to the provisions of this 
section, shall be absolutely void, and the purchase-money, and interest 
which may have been paid thereon, shall be forfeited to the university fund. 
(§6814.) 

760. Trustees to get Information. 27. The commissioners of the 
university lands in Gibson and Monroe Counties, and the several county 
auditors and treasurers of the counties in which any of the university lands 
are situated shall fiu'nish such information in relation to the lands and other 
property of the university, as may, from time to time, be required of them 
by the said board of trustees, and shall report, annually, the amount of unpaid 
purchase money due on the lands sold for the use of the said university, in 
each of their counties. ( §6815.) 

[Acts 1897, p. 117. Approved March 2, 1897.] 

761. State Treasurer Collects Loan. 1. The treasurer of stat^ 
shall proceed at once to collect all outstanding loa.ns belonging to the perma- 
nent endowment fund of the State University, located at Bloomington, which 
may be due, and shall collect all other loans belonging to said fund, as fast as 
they become due, which money, together with all other moneys that come 
into the hands of said treasurer, belonging to said fund, shall be immediately 
apportioned by the auditor of state pro rata among the several counties in 
this state, according to population, as ascertained by the enumeration taken 
and made in the year 1895, for legislative apportionment, and that the treas- 
urer of state, immediately thereafter, pay the same to the several county 
treasurers according to said apportionment made by the said auditor of 
state, and take their receipts therefor; and semi-annually, on the first day of 
May and November of each year, the said auditor of state shall apportion 
the amount collected during the preceding six months, and the treasurer of 
state shall pay the same to the respective county treasurers as above provided. 
(§6770.) 

762. County Auditors Loan. 2. The said moneys so distributed and 
paid to said counties, as provided by section one (1) of this act, shall be loaned 
by the auditors of the respective counties in the same manner and on the 
same terms and conditions and under the same restrictions, subject to the 
same limitations, and said loans shall be again collected from the borrower, 
as the common school funds are now loaned and collected. And the said 
several counties shall be liable in the same manner and to the same extent 
for the principal and interest of said fund, and for the payment of the same. 



SCHOOL LAWS OF INDIANA 293 

as they are now liable for the payment of the interest and prine'pal of the 
common school funds. (§6771.) ' ' 

763. Auditor of State Can Not Loan. 3. The auditor of state is 
hereby prohibited from making any further loans from said hind, and all 
money in his hands belonging thereto shall be by the auditor of state appor- 
tioned, and by the treasurer of state paid to the several counties, where ap- 
portionment is made as provided in section one (1) of this act. (§6772.) 

764. Counties Pay Interest. 4. The several counties of this state 
shall pay the interest on said fund to the treasurer of state at the same time 
and in the same manner as interest is now paid on the school fund, and said 
treasurer of state shall at once pay the same to the trustees of the Indiana 
University and take proper receipts therefor. (§6773.) 

[Acts 1903, p. 142. Approved March 3, 1903.] 

765. Suit for Deficiency After Sale, 1. In all cases where the auditor 
of state has made loans from the university fund, coUege fund or the perma- 
nent endowment fund of the Indiana State University, which said loans were 
secured by mortgage upon real estate, and when said mortgaged premises 
have been heretofore or which may be hereafter forfeited to the state for non- 
payment of the amount due thereon, or have been heretofore or hereafter 
shaU be bid in by the auditor of state for the benefit of said respective funds, 
and where said mortgaged premises when sold according to law after having 
been forfeited or bid in by the auditor of state have failed or shall fail to sell 
for a sum sufficient to satisfy the prim^ipal and interest of the loan made and 
the damages accrued by reason of such failure and costs, the auditor of state 
shall bring suit on the note executed by the mortgagor for the deficiency, for 
which deficiency the maker shall be liable; and when judgment shall be 
rendered thereon, no appraisement of property shall be allowed on execution 
issued on such judgment. (§6769.) 

[Acts 1909, p. 99. Approved March 2, 1909.1 

766. School of Medicine. 1. The trustees of Indiana University are 
hereby authorized to conduct a medical school in Marion coi:nty, Indiana, 
and to receive gifts of real estate and other property on behalf of the Sta,te 
of Indiana for the maintenance of medical education in said county, condi- 
tioned that said trustees shall conduct as an integral part of the Indiana 
University school of medicine a fuU four years' course in medicine in said 
Marion county, Indiana: Provided, That there shaU be no discrimination 
for or against any school or system of medicine in the university, and that all 
or each of the schools or systems of medicine now recognized by the state 
shall have adequate opportunity to teach the practice of medicine in the 
university according to the principles advocated by them respectively, and 
that it shall be the duty of the trustees of Indiana University to provide such 
instruction in as thorough a manner as the means at their disposal will per- 
mit, and as nearly as possible to provide the same quality of instniction when- 
ever a reasonable demand shall be made for the same: Provided, further, 
That premedical or other coUegiate work done in any college or University 



294 SCHOOL LAWS OF INDIANA 

of Indiana, which is recognized by the state board of education of Indiana 
as a standard college or university, shall be received and credited m the 
Indiana University school of medicine i;pon the same conditions as work of 
the same kind, grade and amount done in the department of Uberal arts of 
Indiana University. (§6741a.) 



SCHOOL LAWS OF INDL^NA 



295 



CHAPTER XXIX. 

Purdue University. 



Uses of appropriation. 

Extension department. 

Farmers' institute — County audit- 
or. 

County council — Appropriation. 

Repeal. 

Acceptance of L'^. S. grant. 

Agricultural e.xperiment station 
work — Appropriation. 

Uses of appropriation. 

"W ork — How carried out. 

Preamble. 

Purdue University — Government 
grant. 

Donations to state educational, 
charitable or benevolent institu- 
tions. 

Annuity provisions. 

Appraisers — Approval of Governor. 

Payment of annuities may be se- 
cured. 

Annuities not taxable. 

Institutions restricted. 

Money held in trust by state. 

Gifts legalized. 

[Acts 1865, p. 106. Approved March 6, 1865.] 

767. Agricultural College Scrip. 1. The State of Indiana accepts 
and claims the benefits of the provisions of the acts of congress, approved July 
2, 1862, and April 14, 1864, and assents to all the conditions and provisions 
in said acts contained. (§6844.) 

1. Congressional Legislation. The acts of congress referred to in this section 
will be found in the Acts of 1865 (p. 106), set out at length in the preamble. 

768. The First Trustees and Original Name. 2. The Governor 
of this state, for the time being, and Alfred Pollard of Gibson, Smith Vawter 
of Jennings, Henry Taylor of Tippecanoe, and Lewis Burk of Wayne, and 
their successors, are created a body corporate, under the name of "The 
Trustees of the Indiana Agricultural College.' (§6845.) 

769. Sale and Investment of Scrip. 5. Said trustees shall, by the 
hand of their treasurer, claim and receive from the secretary of the interior 
the land scrip to which this state is entitled by the provisions of said acts of 
congress; and, under their direction, said treasurer shall sell the same, in 
such manner and at such times as shaU be most advantageous to the state, 
and shall invest the proceeds thereof, and any interest that may accrue there- 
on, in the stocks of the United States, or of this state, yielding not less than 
five per cent per annum, upon the par value of the stocks ; and said prin- 



Sec. 




Sec. 


767. 


Agricultural college scrip. 


788. 


768. 


The first trustees and original name. 


789. 


769. 


Sale and investment of scrip. 


790. 


770. 


Donations accepted. 




771. 


Loca;tion. 


791. 


772. 


Permanent name. 


792. 


773. 


Corporate name — Powers and du- 


793. 




ties of trustees. 


794. 


774. 


Dedication of street. 




775. 


Power to dedicate. 


795. 


776. 


Privileges of John Purdue. 


796. 


777. 


Amendment or repeal. 


797. 


778. 


Appointment of trustees. 


798. 


779. 


Term of office. 




780. 


Vacancies, how filled. 


799. 


781. 


Officers — Treasurer's bond and du- 
ties. 




782. 


County students. 


800. 


783. 


Students. 


801. 


784. 


Investment of fund. 


802. 


785. 


Gift to establish institute of tech- 






nology. 


803. 


786. 


Farmers' reading courses. 


804. 


787. 


Agriculture — Rural improvement 


805. 




— Appropriation . 


800. 



296 SCHOOL LAWS OF INDIANA 

cipal and interest shall continue to be so invested, until further provis'on 
shall be made by the general assembly of this state for fulfilling the require- 
ments of said acts of congress. (§6846.) 

[Acts 1869, p. 24. Approved May 6, 1869.] 

770. Donations Accepted. 1. The donation offered by John Pur- 
due, as set forth and communicated to the present general assembly in the 
message of the Governor, on the sixteenth day of April, 1869, and the donations 
offered by the county of Tippecanoe, the' trustees of the Battle-Ground 
Institiite, and the trustees of the Battle-Ground Institute of the Methodist 
Episcopal church, as set forth and communicated to the general assembly, 
at its last session, in the message of the Governor, of the twenty-seventh day 
of January, 1869, are hereby accepted by the State of Indiana. (§6847.) 

771. Location. 2. The college contemplated and provided by the 
act of congress, approved July 2, 1862, entitled "An act donating public 
lands to the several state and territories which may provide colleges for the 
benefit of agriculture and the mechanic arts," is hereby located in Tippecanoe 
county, at such point as may be determined before the first day of January, 
1870, by ^ majority vote of the trustees of the Indiana agricultural college; 
and the faith of the state is hereby pledged that the location so made shall be 
permanent. (§6848.) • i 

7-72. iPernianent Name. 3. In consideration of said donation by 
John iPurduer amounting to one hundred and fifty thousand dollars, and of 
the further donation of one hundred acres of land appurtenant to the in- 
stitution, and on condition that the same be made effectual, the said institu- 
tion, from apd after the date of its location as aforesaid, shall have the name 
and style of "Purdue university;" and the faith of the state is hereby pledged 
that said name and style shall be the permanent designation of said institu- 
tion, without addition thereto or modification thereof. (§6849.) 

773. Corporate Name — Powers and Duties of TrusteeSo 4. From 

and after the date of the location made as aforesaid, the corporate name of 
the trustees of the Indiana agricultural college shall be "The trustees of Pur- 
due university;" and they shall take in charge, have, hold, possess, and man- 
age, all and singular, the property and moneys comprehended in said dona- 
tions, as also the fund derived from the sale of the land scrip donated under 
said acts of congress, and the increase thereof, and all moneys or other pro- 
perty which may hereafter at any time be donated to and for the use of said 
institution. They shall also have power to organize said university in con- 
formity with the purposes set forth in said acts of congress, holding their 
meetings at such times and places as they may agree on, a majority of their 
number constituting a quorum. They shall provide a seal; have power to 
elect all professors and teachers, removable at their pleasure; fix and regulate 
compensations; do all acts necessary and expedient to put and keep said 
university in operation; and make all by-laws, rules, and regulations re- 
quired or proper to conduct and manage the same. (§6850.) 

[Acts 1893, p. 36. Approved February 17, 1893.] 

774. Dedication of Street. 1. The trustee? of Purdue University 
are hereby empowered to dedicate for a public street, adjoining the town of 



SCHOOL LAWS OF INDIANA 297 

West Lafayette, Indiana, a strip of land thirty feet in width, and described 
as follows: Beginning at the southeast corner of the lands owned by said 
university, and running thence iorth along the east side of said university 
lands to the state road, a distance of about thirteen hundred and fifty feet. 
(§6861.) 

775. Power to Dedicate. 2. That the trustees of Purdue University 
are hereby empowered to dedicate for public streets such strips of lands fex- 
tending through or along the grounds owned by said university as they niay 
deem for the best interest of said urdversity. (§6862.) 

[Acts 1869, p. 24. Approved May 6, 1869.] 

776. Privileges of John Purdue. 5. In further consideration of his 
said donation, John Purdue shall, from and after the taking effect of this 
act, be added as a member of said trustees of the Indiana agricultural college, 
and he shaU also be a member of said trustees of Purdue University. Should 
he, at any time, cease to be such member, he shall be continued as an advisory 
member of said trustees; and he shall, during his lifetime, have visitorial 
power, for the purpose of inspecting the property, real and personal, of said 
university, recommending to the trustees such measures as he may deem 
necessary for the good of the university, and investigating the financial con- 
cerns of the corporation. And he is authorized to make report of his exam- 
ination, inspection, and inquiries, to the general assembly, at any session 
thereof. (§6852.) 

777. Amendment or Rejpeal. 6. This act shall be subject to future 
amendment or repeal, except so far as it provides for the acceptance of do- 
nations, the location of the college, the name and style thereof, and the 
rights and privileges conferred upon John Purdue. (§6853.) 

[Acts 1875, p. 120. Approved March 9, 1875.] 

778. Appointment of Trustees. 1. On the first day of July, 1895, 
it shaU be the duty of the Governor of this state to appoint nine trustees for 
Purdue University, two of whom shall be nominated by the state board of 
agriculture, one by the state board of horticulture, one by the Purdue Alumni 
Association, and five selected by the Governor himself: Provided, That no 
more than two of such trustees as may be selected by the Governor himself 
shall be appointed from any one congressional district: And also provided, 
That the first board so appointed shaU include the three persons who at the 
time are the last nominees of the state board of agriculture and the state board 
of horticulture: And also provided, That the board of trustees now in office 
shall remain in office and perform aU the duties thereof as now required by 
law until their successors are duly appointed and qualified, as provided in 
this act: And provided, further, That the nominee of the Purdue Alumni 
Association shaU be a graduate of Purdue University: And also provided, 
That the nominee of Purdue Alumni Association shall be appointed by the 
Governor of the State of Indiana to flU the second vacancy in said board oc- 
curring after the taking effect of this act, by expiration of term or otherwise, 
among the trustees heretofore appointed by the Governor himself . (§6854, 
as amended, Acts 1909, p. 357.) 



298 SCHOOL LAWS OF INDIANA 

779. Term of Office. 2. The persons so appointed shall constitute 
the board of trustees of said university, and shall hold their ofl&ees as follows: 
Two members of the first board shall hold their offices for one year and until 
their successors are appointed; two for two years, and two for three years; 
and at the expiration of the term of office of any of the members of the first 
or any subsequent board, their successors shall be appointed in like manner, 
and with like nomination, as provided in this act, to hold their offices for the 
term of three years, and until their uccessors are appointed. (§6855 as 
amended 1895, p. 201.) 

780. Vacancies, How Filled. 3. If, from any cause, a vacancy 
occur in said board, the same shall be filled, by appointment, to fill the un- 
expired term, the person appointed to fill such vacancy being nominated and 
appointed, or appointed, in the same manner as his predecessor had been at 
the commencement of such term. (§6856.) 

781. Officers — Treasurer's Bond and Duties. 4. Said trustees 
shall, at their first meeting after their appo ntment, and every two years 
thereafter, chose a president of said board; and they shall, at such meeting, 
and every two years thereafter, and whenever a vacancy occurs, elect, by 
ballot, a secretary and treasurer, neither of whom shall be a member of the 
board whose compensation shall be fixed by the trustees. The said treasurer 
shall give such bond to the State of Indiana in any sum not less than fifty 
thousand dollars for the faithful execution of his trust, with sufficient sureties 
as said trustees may require; and he shall receive, take charge of, and, under 
the direction of said trustees, manage all [the] stocks and funds belonging 
to said university. (As amended 1801. p. 34; §6857.) 

[Acts 1877, p. 60. Approved March 12, 1877.] 

782. County Students. 1. The board of commissioners of each 
county in this state may appoint, in such manner as it may choose, two stud- 
ents, or scholars, to Purdue University, who shall be entitled to enter, re- 
main, and receive instruction in the same, upon the same conditions, quali- 
fications and regulations prescribed for other appUcants for admission to, 
or scholars in, said university: Provided, however. That every student ad- 
mitted to said university by appointment, by virtue of this act, shall in nO' 
wise be chargeable for room, light, heat, water, tuition, janitor or matricula- 
tion fees; and said student shall be entitled, in the order of admittance, to 
any room in the university then vacant and designed for the habitation or 
occupancy of a student ; and such student so admitted shall have prior right 
to any such room, subject to the rules of the university, over any student 
not appointed and admitted as aforesaid. (§6858.) 

783. Students. 2. No more than two students at the same time from 
any one county shall be entitled to admittance to said university, under the pro- 
visions of this act. But the board of commissioners of each county may, 
from time to time, appoint as aforesaid, to any vacancy in its appointments. 
(§6859.) 



SCHOOL LAWS OF INDIANA 299 

[Acts 1881, p. 585. Approved April 14, 1881.] 

784. Investment of Fund. 1. The trustees of Purdue University, 
by their treasurer, are hereby authorized, on or after the first day of April, 
1881, to surrender to the treasurer of state the bond executed to said univer- 
sity by the State of Indiana, bearing date April 1, 1878, and payable, in the 
sum of two hundred thousand dollars, on April 1, 1881; and a like bond 
executed by the state to said university, dated April 1, 1879, and payable, 
in the sum of one hundred and twenty-five thousand dollars, on April 1, 
1884; and also to pay, out of the proceeds of the United States five per cent 
bonds now held by said university (which said trustees are hereby empowered 
to sell), the sum of fifteen thousand dollars to said treasurer of state; who, 
thereupon, is hereby directed to issue and deliver to said treasurer of Purdue 
University a non-negotiable bond of the State of Indiana, to be signed by the 
Governor and state treasurer, and attested by the secretary of state and the 
state seal (the same to be dated April 1, 1881, and payable, twenty years after 
its date, to the trustees of Purdue University and their successors, with in- 
terest at the rate of five per cent per annum, payable quarterly after date of 
the bond), all for the use of Purdue University — said bonds surrendered, 
and fifteen thousand dollars paid, constituting the endowment fund of said 
university derived from the gift of the United States. (§6860.) 

[Acts 1889, p. 351. Approved March 9, 1889.] 

785. Gift to Establish Institute of Technology. 1. Whenever 
any individual or individuals shall give, donate or bequeath a sum of money 
or other valuable property for the purpose of establishing an institute of 
technology or other special schools in connection with Purdue University in 
and on the grounds of said university, the trustees of said university are here- 
by authorized and empowered to accept such donation, gift or bequest for 
and on behalf of the State of Indiana for such institute on such terms as may 
be agreed upon by and between such trustees and said donor or donors or 
devisior [devisor]; and the said trustees are hereby authorized to establish, 
maintain and operate such an institution in connection with Purdue Univer- 
sity: Provided, That such institute of technology shall be freely open to 
students upon the same terms upon which Purdue University is open to stu- 
dents. And, provided. That nothing in this aqt shall enable or authorize 
said trustees to make any contract with said donor or donors by which any 
debts shall be created beyond or above current legislative appropriations to 
the university. And, provided further. That the terms upon which such do- 
nations are received and accepted shall not be effective unless the same are 
endorsed and approved by the Governor of the State of Indiana. (§6863.) 

[Acts 1903, p. 508. Approved March 10, 1903.] 

786. Farmers' Reading Courses. 1. In order to promote home 
study and reading in subjects relating to rural life and the principles of agri- 
culture the trustees and faculty of Purdue university shall encourage and 
direct farmers' reading courses and publish and distribute circulars and 
pamphlets of information on the above subjects as may seem profitable in 
promoting the agricultural interests of the state. (§6851.) 



30Q SCHOOL LAWS OF INDIANA 

[Acts 1911, p. 80. Approved February 27, 1911.] 

787. Agriculture — Rural Improvement— Appropriation. 1. In 

order to promote the improvement and advancement of agriculture, domestic 
science and rural life, among the people of the several counties of the State of 
Indiana, and aid in the diffusion among the people of the several counties 
of the State of Indiana, useful and practical information on subjects connected 
with agriculture, domestic science and rural betterment, the following sums 
of money are hereby appropriated to. Purdue University, out of any moneys 
in the general fund of the state treasury not otherwise appropriated, $10,000 
for the fiscal year ending Spetember 30, 1911, and $30,000.00 annually there- 
after', .said sums to be paid quarterly to the treasurer of Purdue University. 

788. Uses of Appropriation. 2. The sum of ten thousand dollars 
($10,000.00) available during the current year and the thirty thousand dol- 
lars ($30,000.00) annually appropriated thereafter in section 1 of this act 
shall be expended by the school of agriculture and the agricultural experi- 
ment station of said university in securing the necessary office force, exten- 
sion workers, lecturers and equipment, and in defraying any other expenses 
in the study of rural conditions and in promoting and aiding in the organiza- 
tion and holding in various parts of the state, farmers' short courses, farmers' 
institutes, farmers' conferences, contests, lectures and demonstration of 
work of various types, and any other forms of agricultural extension, instruc- 
tion and demonstration agreed upon by the authorities of Purdue University 
as being necessary to aceompUsh the purpose of this act. 

789. Extension Department. 3. The work proposed by this act 
shall be carried out by the said Purdue University through the extension de- 
partment of the school of agriculture and agricultural experiment station 
under such rules, regulations and methods as may be prescribed, and along 
lines to be determined by the following officers: The board of trustees, the 
I)resident of the university, the dean of the school of agriculture, the director 
of the agricultural experiment station, the superintendent of agricultural 
extension of Purdue University, and the advisory committee as provided for 
in section 3 of chapter 167, laws of 1909. 

790. Farmers' Institute — County Auditor. 4. For the purpose 
of defraying the local expenses of meetings held and other work done under the 
provisions of section 2 and in accordance with the rules and regulations pro- 
vided for in this act, such as hall rents, printing, advertising, prizes for eon- 
tests and other local expenses, the county farmers' institute chairman, is 
hereby authorized to file with the county auditor, an itemized list of expenses 
of such meeting or meetings, and other work done and the county auditor 
shall, after siich claims have been approved by the county commissioners, 
draw a warrant or warrants on the county treasurer who shall pay same: 
Provided, That in no instance shaU the aggregate of such items exceed an 
amount equal to twenty-five cents for each square mile of territory in said 
county. , 

791. County Council — Appropriation. 5. That there may be 
funds in the county treasurer available for the payment of such warrants 



SCHOOL LAWS OF INDIANA 301 

as are herein provided for, the county council shall appropriate annually 
an amount equal to twenty-five cents for each square mile of territory in 
said county. 

792. Repeal. 6. An act entitled "An act to encourage the study of 
agriculture, horticulture, economic entomology, and agricultural chemistry, 
providing for the county institutes, prescribing the duties of the trustees, 
and faculty of Purdue University in connection therewith and making an 
appropriation therefor," approved March 9, 1889; an act to amend section 
3 of an act to encourage the study of agriculture, horticulture, economic 
entomology, and agricultural chemistry, providing for county institutes, 
prescribing the duties of trustees and faculty of Purdue University in 
connection therewith and making appropriations therefor, approved March 
9, 1889, approved March 4, 1901; and an act entitled "An act for the encour- 
agement of farmers' institutes and authorizing the county auditor to draw 
warrants under certain conditions," approved March 8, 1907; are hereby 
repealed. 

[Acts 1891, p. 483. Approved March 7, 1891.] 

793. Acceptance of United States Grant. 1. Whereas, an act 
of congress, approved August 30, 1891, entitled an act to apply a portion 
of the proceeds of the public lands to the more complete endowment and sup- 
port of the colleges for the benefit of agriculture and the mechanic arts 
established under the provisions of an act of congress, approved July 2, 1862, 
provides, among other things, that the grants of moneys, authorized by this 
act, are made subject to the legislative assent of the several states and terri- 
tories to the purpose of said grants: Provided, That the payments of such 
instalments of the appropriation herein made, as shall become due to any 
state before the adjournment of the regular session of the legislature meeting 
next after the passage of this act, shall be made upon the assent of the Gov- 
ernor thereof, duly certified to the secretary of the treasury; therefore: 

Be it resolved by the State of Indiana, That the legislative assent be, 
and the same is hereby, given to the purpose of said grant, and Purdue Uni- 
versity is hereby designated as the agricultural college entitled to the said 
grant. 

[Acts 1905, p. 142. Approved March 3, 1905.] 

794. Agricultural Experiment Station Work — Appropriation. 1. 

That in order to aid in acquiring and disseminating among the people of the 
state useful and practical information on subjects relating to agriculture, 
and to promote investigation concerning the principles of agricultural science 
the following sums of money are hereby annually appropriated to Purdue 
University for the exclusive use of the agricultural experiment station of 
said university : For the. fiscal year ending September 30, 1909, $75,000.00, 
and $75,000.00 annually thereafter, said sums to be payable quarterly to the 
treasurer of Purdue University, out of any moneys in the treasury of the State 
of Indiana belonging to the general fund and not otherwise appropriated, 
the same to be expended for the purpose of providing the necessary equip- 
ment, and paying the expenses of conducting experiments and investigations 
and otherwise acquiring information and disseminating said information by 



302 SCHOOL LAWS OF INDIANA 

means of publication, lectures and otherwise as hereinafter provided. (§6864, 
as amended, 1909, p. 403.) 

795. Uses of Appropriation. 2. Of the $75,000.00 annually ap- 
propriated in section one of this act, $10,000.00 annually is to be used for the 
advancement of the work of the agricultural experiment station of Purdue 
University in general; $10,000.00 annually for the advancement of the horti- 
culturar interests of the state; $15,000.00 annually for the improvement 
of the soils and crops of the state; $10,000.00 annually for the advancement 
of the dairy interests of the state; $10,000.00 annuallj' for the advancement 
of the live stock interests of the state; $5,000.00 annually for the investigation 
of hog cholera and other animal diseases; .'$5,000.00 annually for the advance- 
ment of the poultry interests of the state, and $10,000.00 annually for pro- 
viding the necessary equipment and paying the expenses of the extension 
work of the agricultural experiment station of Purdue University. (§6865, 
as Amended, 1909, p. 403.) 

796. Won-k — How Carried Out. 3. The work outlined in this act 
relating to horticulture, soil and crop improvement, dairy interests, live stock, 
animal diseases and poultry, shall be carried out by the said agricultural ex- 
periment station of Purdue University along lines to be agreed upon by the 
director of the said experiment station of said university, and an advisory 
committee of five persons, one person to be appointed by each of the fol- 
lowing nam.ed agriculture organizations of the State of Indiana — the State 
corn growers' association, the state dairymen's association, the state live 
stock association, the state horticultural society, and the state poultry fanciers' 
association. (§6866, as amended, 1909, p. 403.) 

[Joint Resolution Approved March 8, 1915.] 

797. Preamble. Wherean, By an act of congress entitled "An act to pro- 
vide for co-operative agricultural extension work between the agricultural col- 
leges in the several states receiving benefits of an act of congress approved July 
2, 1802, and of acts supplemental thereto, and the United States department of 
agriculture," approved May 8, 1914, certain moneys were provided for the 
purpose of "diffusing among the people of the various states useful and prac- 
tical information on the subjects relating to agriculture and home economics, 
and to encourage the application of the same" through the agency of the 
agricultural colleges in co-operation with the United States department of 
agriculture, on conditions, which conditions are as follows: 

"The appropriation shall be paid annually in the manner hereinafter pro- 
vided, to each state which shall by action of its legislature assent to the pro- 
visions of this act; Provided, That payment of such instalments of the appro- 
priation hereinbefore made as shall become due to any state before the ad- 
journment of the regular session of the legislature meeting next after the pas- 
sage of this act, may in the absence of prior legislative assent be made upon 
the assent of the Governor thereof duly certified to the secretary of the treas- 
ury," and 

Provided, further, "That the sums provided for extension work shall be 
paid in semi-annual payments on the first day of January and July of each 



SCHOOL LAWS OF INDIANA 303 

year by the secretary of the treasury upon tne warrant of the secretary of 
agriculture, out of the appropriation of the United States, to the treasurer 
or other officer of the state duly authorized by the laws of the state to raise 
the same," and 

Whereas, the Governor of the State of Indiana did, on June 25, 1914, pro- 
visionally accept such grant for and on behalf of Purdue University for the 
agricultural extension departmeilt established in connection therewith by 
an act of legislature approved February 27, 1911, and did designate the 
treasurer of Purdue University as the officer duly authorized to receive the 
same, therefore: 

798. Purdue University — Government Grant. 1. That such grant 
is hereby accepted for and on behalf of Purdue University, and the treasurer 
of Purdue University is designated as the officer to receive the same, and the 
legislative assent of Indiana is hereby given to the purpose of said grant. 

[Acts 1917, p. 53. Approved February 23, 1917.] 

799. Donations to State Educational, Charitable or Benevolent 
Institutions. 1. That any state educational institution and any state 
charitable or benevolent institution or the State of Indiana itself maj^ re- 
ceive gifts, bequests and devises of real or personal property, or both, for the 
aid or maintenance of any such institution, or may receive gifts for state 
parks or other state purposes, and may agree to return to the donor or to any 
person named by him therein, in being, an annuity under the provisions and 
safeguards hereinafter provided. 

800. Annuity Provisions. 2. When the gift is for the purpose of 
providing an annuity, the same may be accepted by any such institution or 
by the state itself upon condition that the institution or the state, as the ease 
may be, shall pay to the donor, for the life of the donor, or for a term of years 
not beyond the lifetime of the donor, as may be agreed, or shall pay to any 
person or persons named by the donor, in being at the time of the gift, for his 
or her life, or for a term of years not beyond the lifetime o" the donor as may 
be agreed, an annuity on the value of the property at the time the gift is 
made, as hereinafter provided, but such annuity shall in no case exceed the 
actual income from the property donated. 

801. Appraisers — Approval of Governor. 3. The value of the prop- 
erty comprised in the gift shall be determined by three (3) disinterested ap- 
praisers appointed by the Governor of the state, and no gift shaU be accepted 
by any institution named in section one (1) or by the state itself unless it be 
approved by the Governor. 

802. Payment of Annuities may be Secured. 4. For the purpose 
o.; securing the payment of annuities, the property comprised in the gift may 
be pledged, by way of mortgage or otherwise, to the annuitant or annuitants 
for the full period of the life of the annuity or annuities, but the property 
pledged shall be the sole guarantee and the state shall not be obligated in 
any manner by such mortgage or other obligation. 

803. Annuities not Taxable. 5. All annuities provided for herein 
shall be free of aU taxation for any or all purposes within the State of Indiana. 



304 SCHOOL LAWS OF INDIANA 

804. Institutions Restricted. 6. No institution shall be the recip- 
ient of a gift "whether on the payment of an annuity or otherwise, that shaU 
pledge such institution to engage in any course of instruction, or perform any 
acts of work, other than such institution may have been authorized thereto- 
fore by law to engage in or perform. 

805. Money Held in Trust by State. 7. All gifts of monej', and all 
money realized from real and pei'sonal property, made under the provisions 
of this act, to endow permanently any of said institutions mentioned in the 
first section hereof, or to endow permanently any chair of learning or depart- 
ment in any such institution, shall be taken in charge by the State of Indiana, 
as a trust, and managed in all respects the same as the common school fund 
of the state is managed, and the proceeds arising therefrom shall be paid to 
the institution thus endowed for the purposes provided by the terms of such 
gift. 

806. Gifts Legalized. 8. All gifts heretofore received by any of the 
institutions named in section one (1) of this act are hereby legalized in accord- 
ance with the terms of this act. 



SCHOOL LAWS OF INDIANA 



305 



CHAPTER XXX. 



Township Advisory Board. 



Sec. 
807. 



808. 
809. 



810. 



811. 



Township advisory board — Term — 
Vacancies — Duties. 

Taxpayers may attend. 

Annual meeting — -Expenditures and 
tax levy. 

Township trustees — -Estimate of 
expenditures — Townsliips classi- 
fied. 

Compensation of board if desired. 



Sec. 
812. 



813. 
814. 
815. 
816. 
817. 
818. 



Township — Emergency expendi- 
tures — Called meeting advisory 
board. 

Financial record . 

Annual settlement with the board. 

New schoolhouse — School supplies. 

Trustees' pay. 

Contracts void. 

Appointment -of first members of 
board. 



[Law without signature of Governor. Acts 1917, p. 426.] 

807. Township Advisory Board — Term — Vacancies — ^Duties. 1. 

At the time of electing township trustees the voters of the seA'-eral townships 
shall elect an advisory board, consisting of three (3) resident freeholders and 
qualified voters of the township. The members of such board shall subscribe 
and tile with the trustee an oath to faithfully and honestly discharge their duties 
as prescribed by law. Their terms of office shall be for two (2) years from the 
day following their first election and until their successors are elected and 
qualified, and the term of office shaU thereafter be for the term of four (4) 
years from the day foUo-wang their election and until their successors are 
elected and qualified. If a vacancy occurs in said board it shall be fiUed by 
the remaining members of the board for the unexpired term, provided that 
where two (2) or more vacancies exist at any one time, the board of commis- 
sioners of the county shall upon the petition of any taxpayer of such township 
fill such existing vacancies for the unexphed term or terms by appointment 
thereto of one or more resident freeholders and qualified voters of the town- 
ship. They shall meet annually on the first Tuesday of September, at a con- 
venient place in the township, notice of which shall be given as hereinafter 
provided in section three (3). At such annual meeting the members of such 
board shaU elect one of their members chairman for that year. Two (2) 
members shah constitute a quorum. At such meeting the board shall con- 
sider the various estimates of township expenditures proposed by the town- 
ship trustee, and shall have power to concur in such estimates, or in any part 
thereof, or to reject any proposed item, in whole or in part. Any existing 
indebtedness need not be paid until due. And the advisory board at the 
first annual meeting, may apportion the payment of any existing indebted- 
ness other than to the county or for current expenses for a named term not 
exceeding five (5) years. When they shall have determined upon the esti- 
mates and amounts for which taxes should be levied upon the property and 
polls within said township for the ensuing year, they shall then determine 
and fix the rates of taxation upon such property and polls as to the estimated 
purposes severally. The rates so determined by such board, they shall then 
certify to the county auditor, who shall place the same upon the tax dupli- 



8554 — 20 



306 SCHOOL LAWS OF INDIANA 

cate, and the same shall be collected and enforced as prescribed by law. 
The rates so prescribed shall be deemed a levy and lien upon the property 
of such township from and after the first day in April of such year, and such 
levy shall be deemed an appropriation for the specitic purposes for which 
such estimates are fixed. Such board shall keep a record of their proceed- 
ings in a separate book, to be furnished by such trustee, and kept as a part 
of the record of the township, to be known as the record of the advisory 
board of such township, and to remain in the custody of the chairman of 
such board. Said board shall elect one of its members secretary for said board, 
who shall record the proceedings thereof at any meeting in full, under the 
direction of the board, which shall be signed before the board adjourns. 
Any meeting may adjourn from day to day till the business is completed. 

808. Taxpayers May Attend. 2. At any session of such board, any 
taxpayer of the township may Appear and be heard as to the advisability 
of any estimate or estimates of expenditures, or any proposed levy of taxes, 
or the approval of the township trustee's report or any other matter being 
considered by the board. (§9591.) 

899. Annual Meeting — Expenditures and Tax Levy. 3. The 

trustee shall at least thirty (30) days, and not more than forty (40) days, 
before the annual meeting of the advisory board, in each year, post at or 
near the door of all postoffices in the township, a statement of the several 
estimates and amounts of the proposed annual expenditures, and the rates 
of taxation proposed for levy against the property within such township, 
for the several funds to be expended for his township during the calendar year, 
and also copies of such notice shall be published one time in the issue printed 
in the first week of August of each year in the two leading newspapers published 
in the county, representing the two political parties casting the highest num- 
ber of votes in such county at the last preceding general election, and one 
publication in a newspaper in the township interested, if there be a paper 
published therein. The cost of such publication shall not exceed two dollars 
in any one year to any one paper, and the cost of necessary copies for posting 
and delivery to the board shah not exceed one dollar and fifty cents in any 
one year. And he shall furnish within like periods to each of the members 
of the advisory board a statement of such estimates and amounts. Such 
statement shall contain a notice of the place of meeting of the advisory board, 
and shall be substantially in the following form: 

Expenditures and Tax Levies for the Year. 

The trustee of — township, county, proposes for the yearly 

expenditures and tax levies by the advisory board at its annual meeting, to 

be held at the schoolhouse of school district No. , the following estimates 

and amounts for said j^ear: 

1. Township expenditures, $ , and township tax, cents on the 

hundred dollars. 

2. Local tuition expenditures, $ , and tax, cents on the hundred 

dollars. 



SCHOOL LAWS OF INDIANA 307 

3. Special school tax expenditures, $ , and tax, cents on the 

hundred dollars. 

4. Road tax expenditures, $—^ , and tax, — cents on the hundred 

dollars. 

5. Additional road tax expenditures, $ , and tax, cents on the 

hundred dollars. 

6. Library expenditures, $ , and tax, cents on the hundred 

dollars. 

7. Poor expenditures for preceding year, $ , and tax, cents on 

the hundred dollars. 

8. Other items, if any, expenditures, $ , and tax, cents on the 

hundred dollars.. 

Total expenditures, $ , and total tax, cents on the hundred 

dollars. 

(Dated) (Signed) , Trustee. 

The trustee shall procure and lay before the advisory board at the annual 
meeting thereof, the assessed valuation of the taxable property of the town- 
ship for such year, and also the number of taxable poles in such township. 
(§9592.) 

[Acts 1915, p. 131.] 

810. Township Trustees — Estimate of Expenditures — Townships 
Chissified. 4. The trustee shall attend all of the meetings of the advisory 
board, and at the annual meeting thereof, after the board shall have organized, 
he shall present a detailed and itemized statement in writing of his estimated 
expenditures for which appropriations are asked, specifying the number of 
teachers necessarily employed, their salaries respectively, the number of 
days deemed necessary for the discharge of the duties of his office, and the 
days of the week or month when they can be most advantageously performed, 
the extent of needed bridge and highway repairs, an accurate, itemized list 
of all the property and.supplies on hand, whethier in use or in store, for road, 
school and other purposes and estimated value thereof, the items of school 
supplies necessary for each school, the condition of pauperism in the town- 
ship, including the names of such persons as have received public aid, since 
the taking effect of this act, and since the last annual meeting of the board, 
with the respective amount received by each person. And also the items, 
severally, to be charged against the township funds, including salaries, clerk 
hire when same is necessary, stationery, printing and records, and supplies 
to be furnished to the justices of the township, the trustee's compensation, 
and his actual expense to be incurred in the transacting of township business, 
and his oifice rent, where an office is authorized by such advisory board, and 
any other items of expense payable from said fund; and he shaU submit to 
such inquiries concerning the expenditiires of his office as the board, or the 
taxpayers present, may deem proper to make. The advisory board shaU 
have fun power to require any estimate, not sufficiently itemized, to be so 
itemized by the trustee, and to appropriate for any purpose a sum not greater 
than that estimated in the item therefor, except by the unanimous vote of 
the board, and not otherwise, an appropriation may be made for an item. 



308 SCHOOL LAWS OF INDIANA 

not contained in any estimate, or for a greater amount than that named in 
any item of an estimate : Provided, further. That all items of expense herein 
enumerated shall be paid from the proper funds of the township: And pro- 
vided, That in townships containing a population of less than 5,000 inhabitants 
tants, no clerk hire shall be allowed or paid; that in such townships the 
advisory board may authorize the trustee to pay as office rent a sum not to 
exceed $60.00 per annum, and such trustee may, if authorized by the board, 
keep his office in his residence or his own property, and pay to himself the 
rent therefor; that in such townships, the advisory board may authorize the 
trustee to pay his actual expenses in transacting his official business, including 
stationery, printing and records, and may authorize the trustee to use his 
own property, as means of conveyance in transacting such business, but the 
total expenses to be so a.llowed and paid, other than office rent, shall not 
exceed SIOO. 00 per year in such townships; that in townships containing a 
population of 5,000 and less than 10,000 inhabitants, the advisorj'^ board may 
authorize the trustee to pay, if the board deems necessary and proper, for 
clerk hire a svim not to exceed $100.00 per year; for office rent a sum not to 
exceed $90.00 per year; for actual expenses in transacting the business of the 
office, including stationery, printing and records, and may authorize the trus- 
tee to use his own property as means of conveyance m transacting such busi- 
ness, but the total expenses to be so allowed and paid, other than office rent 
shall not exceed $200.00 per j^ear; and Provided, That in townships containing 
10,000 and less than 15,000 mhabitants, the advisory board may authorize the 
trustee to pay, if the board deems necessary and proper, for clerk hire a sum 
not to exceed $250.00 per year; for office rent a sum not to exceed $120.00 
per year; for actual expenses in transacting the business of the office, includ- 
ing stationery, printing and records, a sum not to exceed $250.00 per year: 
A7id provided, That in townships containing 15,000 and less than 20,000 
inhabitants, the advisory board may authorize the trustee to pay, if the board 
deems necessary and proper, for clerk hire a sum not to exceed $450.00 per 
year; for office rent a sum not to exceed $120.00 per year; for actual expenses 
in transacting the business of the office, including stationery, printing and 
records, a sum not to exceed $300.00 per year, and Provided, That in town- 
ships containing 20,000 and less than 30,000 inhabitants, the advisory board 
may authorize the trustee to pay, if the board deems necessary and proper, 
for clerk hire a sum not to exceed $600.00 per year ; for office rent a sum not 
to exceed $180.00 per year; for actual expenses in transacting the business 
of the office, including stationery, printing and records, a sum not to exceed 
$350 per year and Provided, That in townships containing 30,000 and less 
than 40,000 inhabitants, the advisory board may authorize the trustee to 
pay, if the board deems necessary and proper, for clerk hire a sum not to ex- 
ceed $900.00 per year; for office rent a sum not to exceed $240.00 per year; 
for actual expenses, in transacting the business of the office, including station- 
ery, printing and records, a sum not to exceed $500.00 per year, and Pro- 
vided, That in townships containing 40,000 and less than 100,000 inhabitants, 
•the advisory board may authorize the trustee to pay, if the board deems neces- 
sary and proper, for clerk hire a sum not to exceed $1,200,00 per year; for 
office rent a sum not to exceed $300.00 per year; for actual expenses in trans- 
actmg the business of the office, including stationery, printing and records, 
a sum not to exceed $600.00 per year; the inhabitants of all such townships 



SCHOOL LAWS OF INDIANA 309 

to be determined by the last preceding United Stated census. All Appro- 
priations for clerk hire, for office rent, and for actiial expenses in transacting 
the businees of the office of trustee, shall be made at the annual September 
meeting and at no other time. In any case, before the trustee shall draw 
his warrant for any money to be paid out by reason of the items of expense, 
including clerk hire and office rent, authorized by this act, he shall require 
to be filed with him, as trustee, an itemized voucher of such expense, clerk 
hire or office rent, properly subscribed and sworn to. 

No trustee shall have credit for any money paid by him, except he shall 
show a receipt therefor for each item thereof from the person to whom such 
payment was made. 

2. This act shall in no way affect any pending litigation. 

811. Comi>ensatioii of Board, if Desired. 5. In making the levies 
for the township fund, if said board shall desire compensation for their ser- 
vices to the township, they may add a sum not exceeding five dollars ($5.00) 
for the service of each member during the year for which the levy is made, 
payable out of such fund. (§9594.) 

[Acts 1913, p. 276. Approved March 6, 1913.] 

812. Township — Emergency Expenditures— Called Meeting Ad- 
visory Board. 6. Upon a special call of the township trustee, or the 
chairman of the advisory board or a majority of the members of said board, 
given in writing to each member thereof, stating the time, place jand purpose 
of the meeting, said board may, if a quorum be present, by consent of a ma- 
jority of all the members present, determine whether an emergency exists 
for the expenditure of any sums not included in the existing estimates and 
levy. In the event that such an emergency is found to exist said board may 
authorize by special order entered and signed upon the record, the trustee 
to borrow a sum of money to be named sufficient to meet such emergency; 
and at the next annual session of the board a levy shall be made to the credit 
of the fund for which such expenditure is made to cover and pay the debt 
so created: Provided, however. That if at any annual or special meeting of 
said board it shall be found indispensably necessary to provide for the con- 
struction of a school building, the cost of which building or the proportion- 
ate cost thereof if the same be a joint graded high school-building will be in 
excess of the sum available therefor out of any annual levy, then in that 
event, such board may authorize such trustee to issue township warrants or 
bonds to pay for such building, or the proportionate cost thereof, such war- 
rants or bonds to run for a period of not exceeding fifteen (15) years; and 
to bear not exceeding six per cent per annum, and to be sold for not less 
than par; the township trustee, before issuing such warrants or bonds, shall 
advertise that bonds are to be sold in not less than one issue a week for three 
weeks, in one paper of general circulation in the county and one paper of 
general circulation in the state capital, setting forth the amount of bonds 
offered, the denomination, the period to run, rate of interest and the date, 
place and hour of selling. The township advisory board shall attend the sale 
of bonds and shall concur therein before such bonds are sold. The board 
shall annually Iq-vj sufficient taxes to pay at least one-fifteenth of such war- 
raiits or bonds, with interest, each year, and the trustee shall apply such an- 



310 SCHOOL LAWS OF INDIANA 

nual tax to the payment of such warrants or bonds each year. In no event 
shall a debt of the township be created except by the addsory board of such 
township, and in the manner herein specified, and any paj^ment of any debt 
not so authorized from the public funds of such township shall be recoverable 
upon the bond of the trustee in a suit, which it is hereby made the duty 
of said board to institute and prosecute in the name of the state, for the use 
of said township. And said board is hereby empowered to appropriate, and 
the township trustee shall pay out of the township funds a reasonable sum 
for attorney's fees for such purpose. And if the board, on the -viTitten demand 
of any taxpayer, fails for thirty (30) days to bring suit, then such or any other 
taxpayer may bring the same, in the name of the state, for the use of the 
township: Provided, however. Nothing contained herein shall affect any 
pending litigation. (R. S. 1914, §9595.) 

813. Financial Record. 7. Each township trustee in this state 
shall procure and keep a book, to be known as the financial record of the town- 
ship, in which the trustee shall keep an itemized and accurate account of the 
financial affairs thereof , charging himself with each sum of money when and as 
received, from every source, giving the date, from whom received, and on 
account of what fund it is credited. He shall likewise credit himself with all 
moneys Avhen and as paid out, showing when, on what account, and to whom 
and out of what fund paid. It shall be the duty of the auditor of the State 
of Indiana to frame and adopt a form of such book, to be used by all the town- 
ship trustees throughout the state. Such book shall be a public record: 
Provided, however, That the auditor shall not adopt any patented or^ copy- 
righted form and nothing herein shall authorize him to contract with any per- 
son, partnership, or corporation, for the publishing of such forms. The act 
entitled "An act prescribing certain duties of township trustees, providing 
for the appointment and compensation of an auditing board, prescribing 
its duties and declaring an emergency," approved March 8, 1897, is hereby 
repealed. (§6596.) 

814. Annual Settlement with the Board. 8. The trustee shall 
present to the advisory board, at a meeting of said board to be held annually 
on the first Tuesday after the first Monday of January of each year, his 
annual and complete report of all the receipts and expenditures of his office 
for the preceding calendar year, with the balances to the credit of each fund 
under his charge; and if he has any money from any source in his hands or 
under his control which is not included in any particular fund, as shown by 
said report, then he must state all the facts concerning such moneys in his 
report. Each item of expenditure shall be accompanied by the verified re- 
ceipt of the person to whom the sum evidenced thereby has been paid, stating 
particularly for what article or service the payment has been made; that the 
sum receipted for is the exact sum received, and that no part thereof has been 
retained by, or returned to or has been agreed, directly or indirectly, to be 
returned to, the trustee or to any other person, and the trustee is empowered 
to administer oaths to the persons giving such receipts. The report so pre- 
sented shall be verified by the oath of the trustee, showing that the sums 
with which he is charged in such report are all the sums received by him, 
and that the various items of expenditure credited have been fuUy paid in 



SCHOOL LAWS OF INDIANA 311 

the sums stated, and without express or implied agreement that any portion 
thereof shall be retained by or repaid hj him or to any other person. And 
the trustee shall subscribe and take an oath that he has received no money 
nor article of value in consideration of any contract made by him as such 
trustee. The board shaU consider and approve in v,^hole or in part, the re- 
port of the trustee so made, and any sum appropriated and remaining in 
the hands of the trustee, unexpended and for which no liability exists against 
the township, shall be deemed and credited in favor of the fund for which it 
was appropriated, and shall be considered in the ensuing levy. The ex- 
penditure of any fund, in whole or in part, to any account for which ifc was 
not appropriated by said board, shall be deemed by the board of [as] a bal- 
ance of such fund unexpended and in the hands of the trustee, for which he 
shall be Uable upon his bond. Any member of the board may administer 
oaths, and said board may send for persons, books and papers, if necessary, 
in such examination of said report, and when the examination is closed they 
shall enter of record their action thereon, specifically stating such parts 
and items as may be altered or disallowed. Such annual report shall remain 
under the control of such board, the custody thereof to be held by the chair- 
man, and at any time shall be subject to inspection by any taxpayers of the 
township. On the said annual settlement being made, the trustee shall 
within ten (10) days thereafter, file a cooy of such report as adopted by the 
board, with the accompanying vouchers in the office of the county auditor, 
to be preserved; and upon failure the trustee shall forfeit five (5) dollars per 
day each day until so filed, to be collected by suit of the board for the benefit 
of the township. In case the term of the trustee shall expire, or he shall re- 
sign or die, then he, or his administrator, shall at once make final settlement 
with the board. Said auditor shall examine such copy of said. report, and 
within ten (10) days after the filing of same n his office, shall report to the 
advisory board of such township the result of such examination, including 
his finding as to the accuracy of such report. Said trustee shall cause to be 
published, by one insertion in two leading newspapers of his county, each 
representing one of the two political parties casting the highest number of 
votes at the last preceding general election, an abstract of his said report, 
which abstract shall contain the total of receipts and expenditures and bal- 
ances or deficits in each fund, also the rate of tax levy made for each of said 
funds for the ensuing year. (§9597, as amended 1901, p. 415.) 

815. New Schoolhouse — School Supplies. 9. If a trustee finds 
it necessary to erect a new schoolhouse, he shall procure suitable specifica- 
tions therefor, to be used by the bidders in bidding and in the construction 
of such house. If he desires to piirchase any school furniture, fixtures, maps, 
charts, or other school supplies, excepting fuel and literary periodicals in such 
amounts as may be authorized by the advisory board, in any year, he shall 
make an estimate of the kinds and amounts, itemized particularly, to be 
used by bidders therefor. If it is necessary to make repairs on or about the 
school houses other than current or incidental repairs, he shall likeAvise make 
an itemized statement of the nature and character of the work, to be made 
for the use of bidders. He shall, in like manner, make a schedule of such 
work as may be necessary in the repair or construction of bridges in his town- 
ship for any one year. All contracts shall be let, after notice given, by posting 



312 SCHOOL LAWS OF INDIANA 

for three (3) weeks in five (5) of the most public places in the township, 
and also at or near the door of each postofflce therein, stating briefly the build- 
ings, repairs or supplies sought to be let, and when and where bids will be 
received and opened therefor; and if the contemplated expenditures in any 
one class shall be five hundred dollars ($500) or more; he shall post notices as 
aforesaid, and also publish notice thereof for one (1) time in the two leading 
newspapers published in the county representing the two political parties 
easting the highest number of votes in such county at the last preceding 
general election: Provided, That one of such publications shaU be made 
in a newspaper published in the township interested, if there be a newspaper 
pubUshed therein. The advisory board shall attend the letting. At the let- 
ting, all the work or supplies in any one class shall be included and let in 
a single contract. AU bids shall be in writing and be opened and read pub- 
licly at the time and place fixed in the notice. The trustee may take time 
to examine and satisfy himself as to which is the lowest and best bid and 
shall advise with the advisory board thereon: and said board is hereby em- 
powered to reject any and all bids. The trustee shall indorse on the bids 
whether rejected or accepted and preserve the same. When a bid is ac- 
cepted, a proper contract shall then be reduced to writing for such building, 
repairs or supplies, as the ease may be, and be signed by the successful bid- 
der and the trustee, who shall require the bidder to give bond with security, 
to be approved by him, for the faithful execution of such contract. (§9598.) 

816. Trustees' Pay. 10. The township trustees serving under this 
act shaU receive for their services the compensation now or hereafter fixed 
by law: Provided, That where a per diem is allowed by law the number of 
days' service for which the trustee is allowed shall be fixed and allowed 
by the advisory board at their annual meeting, and this shall constitute the 
entire compensation of such trustee for all the duties of his office. (§9600.) 

817. Contracts Void. 11. All contracts made in violation of this 
act shall be null and void. (§9601.) 

1. Note. This section modifies all the decisions rendered by the courts concern- 
ing contracts of township trustees. It also repeals the law requiring the trustee to 
petition the board of county commissioners for leave to contract debts on behalf of 
the township. Contracts of townships must now be executed piirsuant to the provisions 
of this act; and if not, they are void. Even though a township receives articles pur- 
chased by its trustee, without pursuing the provisions of this statute, it will not be 
liable for the price agreed upon nor for their value. — Peck-Williamson, etc., Co. v. 
Steen School Tp., 30 App. 637; 66 N. E. 909; and see Moss v. Sugar Ridge Tp., 67 
N. E. 460. 

818. Appointment of First Members of Board. 12. At the term 
of the circuit court to be held in the several counties of this state next after 
the taking effect of this act, such court shall appoint three (3) freeholders 
and qualified voters residing in each- township, not more than two of whom 
shaU belong to the same pohtieal party, who shall constitute the advisory 
board of such township until their successors are elected and quaUfied; 
on failure of such court so to do, the governor of the state shaU make said 
appointments. And all laws and parts of laws inconsistent with the provi- 
sions of this act are hereby repealed. (§9602.) 



SCHOOL LAWS OF INDIANA 



313 



CHAPTER XXXI. 

State Library. 



Sec. 




Sec. 


S19. 


Management. 


828. 


820. 


Election of librarian — Term. 


829. 


821. 


Term of office — Bond. 




822. 


Library, when to be kept open. 


830. 


823. 


Preservation of state documents. 


831. 


824. 


Legislative papers, preservation. 


832. 


825. 


Exchanges. 


833. 


826. 


Misappr(ipriation of books. 


834. 


827'. 


Loan of books. 





Rules and regulations. 
Salaries-^Rpference Ubrarian — Cat- 

aloger — Stenographer. 
Report of receipts and expenditures. 
Removal of librarian or assistants. 
Violation of this act, penalty. 
State librarian — Public documents. 
Distribution of pubiicatioas. 



[Acts 1903, p. 152. Approved February 28, 1903.] 

819. Management. 1. The management and control of the state 
Ubrary shall be vested in the state board of education, which shall constitute 
for library purposes the state library board. ( §9289.) 

820. Election of Librarian — Term. 2. The state library board shall, 
before the first day of April, 1905, elect a state librarian, whose term of office 
shall begin April 1, 1905, and who shall serve until his successor is elected 
by the said state library board. (§9290.) 

821. Term of Office — Bond. 3. The term of office of the state librarian 
shall be two years and he shall appoint his assistants by and with the advice 
and approval of the state library board, and he shall, before entering upon 
his duties, give bond and security to the acceptance of the secretary of state, 
in the penal sum of two thousand doUars, which bond shall be filed with the 
secretary of state. (§9291.) 

822. Library, When To Be Kept Open. 4. The library shall be kept 
open from 8 a. m. until 5 p. m. every day, except Sundays, legal holidays and 
such other days as the Governor shall request all state offices to be closed. 
(§9292.) 

823. Preservation of State Documents. 5. The librarian shall select 
from the journals and laws, whenever published, five copies to be kept per- 
manently for the library, and aU other journals and reports shall be preserved 
for exchange purposes for the benefit of the library. (§9293.) 

824. Legislative Papers, Preservation. 6. The librarian shall receive 
and preserve in the most convenient and permanent order all legislative 
papers delivered to him at the close of each session by the secretary of the 
senate and the clerk of the house. (§9294.) ' 

825. Exchanges. 7. The librarian may, with the consent of the state 
library board, exchange for the benefit of the library any duplicate, or any 
book not wanted in the library, or he may sell such duplicated or other books 
and hall turn all money thus received into the state treasury, taking the treas- 
urer's receipt and fiUng the same in the office of auditor of state, who shall 



314 SCHOOL LAWS OF INDIANA 

charge the same to the account of the treasurer of state for the use of the 
Hbrary. The librarian shall keep an accurate account of aU such transactions, 
making the same a part of his next succeeding biennial report to the legis- 
lature, as hereinafter provided for. (§9295.) 

826. Misappropriation of Books. S. If the librarian shall appropriate 
to his own use any book or books belonging to the state library or any proceeds 
of any exchange or sale of books, or knowingly make false reports thereof, 
he shall be deemed guilty of a misdemeanor and shall be fined not less than 
five nor more than one thousand dollars and shall forfeit and be deprived of 
his office. (§9296.) 

827. Loan of Books. 9. Such books belonging to the state library, 
other than reference books, as could be readily replaced, in case of loss, may 
be loaned to any citizen of the state, who shall place such guarantee with the 
state librarian, for the safe return of the same, as the state library board may 
demand, and who shall pay the cost of transportation of the book or books to 
and from the borrower: Provided, That no book, that could not be readily 
be replaced in case of loss, shall be removed from the state library except by 
state officials, and by them only in pursuit of their official duty. (§9297.) 

828. Rules and Regulations. 10. The library board shall formulate 
rules and regulations for the care and management of the library: Provided, 
That no rule or regulation formulated by said board shall in any way con- 
flict with any of the provisions of this act. (§9298.) 

829. Salaries — Reference Librarian — Cataloguer — Stenographer. 

11. The salary of the state librarian shall be eighteen hundred dollars per 
year. He shall appoint a reference librarian, whose salary shall be eleven 
hundred dollars per year, and a cataloguer, whose salary shall be eleven 
hundred dollars per year, and an assistant cataloguer and stenographer, 
whose salary shall be nine hundred doUars per year, and a messenger, whose 
salary shall be seven hundred and twenty dollars per year. (§9299.) 

830. Report of Receipts and Expenditures. 12. The librarian shall 
report at each session of the legislature as to the condition and needs of the 
library and the receipts and expenditures of money for the two fiscal years 

mmediately preceding the date of such report. (§9300.) 

831. Removal of Librarian or Assistants. 13. The state library 
board shall have power to remove for cause at any time the state Hbrarian 
or any assistant or any employe of the state library. (§9301.) 

832. Violation of This Act, Penalty, 14. Any person guilty of a 
violation of any of the provisions of this act shall be deemed guilty of a mis- 
demeanor, and shall, upon conviction thereof, be fined in the sum of twenty- 
five dollars. (§9302.) 

[Acts 1915, p. 206.] 

833. State Librarian — Pubic Documents. 1. That the board of 
commissioners of pubUc printing, binding and stationery shall cause to have 
dehvered to the state librarian two hundred and fifty (250) copies of each and 
every report, document, bulletin and other publication pubhshed at the ex- 



SCHOOL LAWS OF INDIANA 315 

pense of the state, except session acts of tlie General Assembly and supreme 
and appellate court reports. 

834. Distribution of Publications. 2. The said state librarian shall 
distribute all publications received from the said commissioners of public 
printing, binding and stationery, except such as are needed for use in the 
state library, as follows : One copy of each to each state or territorial library 
in the United States and to such other libraries as the librarian has or shall 
arrange with for exchange of pubUcations; one copy of each to each university, 
college or normal school Ubrary within the State of Indiana; one copy of each 
to each public library within the State of Indiana: Providing, That not less 
than one copy of each such state publication shaU be retained in the state 
library. (§9305.) 



316 



SCHOOL LAWS OF INDIANA 



CHAPTER XXXII. 

Free Libraries. 



Sec. 

835. City and town tax for library — 

Subscription. 

836. Subscriptions filed with clerk of 

circuit court. 

837. Public Libraries, town and town- 

ships — Special tax — Board. 

838. Certificates of appointment — Oath. 

839. Organization. 

840. Siibscriptions collected — Buildings 

— Tax. 

841. Tax, how used. 

842. Use'X';of 'library — Certificates of 

membership— Township may use. 

843. Donation of library. 

844. Removal of member of board. 

845. Treasurer's report. 

846. Repealing section. 

847. Library — Extension of privileges to 

townships — Tax. 

848. Accounting — Report. 

849. Pubhc library commission. 

850. Office — Duties — Employes. 

851. Purchase of books — Appropriation. 

852. Library association. 

853. Advice. 

854. Township library. 

855. Townslilp library board — Town- 

ship uniting. 

856. Official documents. 

857. Member of commission not to be 

publisher. 

858. Schools — Cities and towns — Charge 

of public library. 

859. Libraries in certain cities. 

860. Tax to maintain. 

861. Libraries in cities of 3,500 to 4,000. 

862. Acceptance of library. 

863. Payment of tax — Control. 



Sec. 
864. 
865. 
866. 
867. 
868. 
869. 
870. 
871. 
872. 
873. 
874. 
875. 

876. 

877. 
878. 

879. 
880. 

881. 
882. 

883. 



885. 
886. 



887. 
888. 



889. 



Privileges of library. 

Removal of directors. 

Library fund. 

Tax levy for library. 

Office of librarian abolished. 

Library discontinued. 

Legalizing section. 

Real estate. 

Real estate for libraries. 

Parks used for library. 

Prior acts legalized. 

School and library tax in cities of 
30,000. 

County treasurer report to board 
of school commissioners. 

County treasurer's credits. 

School and library tax in cities of 
15,000 to 30,000. 

Payment of bonds. 

Towns — Transfer of property to 
library board. 

Purchase legalized. 

County libraries — Maintenance and 
control. 

Board members — Certificate — 
Oath. 

Organization — Powers and duties — 
Funds. 

County may aid city hbrary — Con- 
ditions. 

Board, appointment of — Qualifica- 
tions. 

Tax levy — How made. 

Combination of city and coimty 
hbraries. 

Liability of commissioners and 
board. 



[Acts 1901, p. 81. Approved March 4, 1901.] 

835. City aii4 Town Tax for Library — Subscription. 1. The com- 
mon, council of any city, or tlie town board of any incorporated town within 
this state desiring to estabhsh, increase and maintain a public library in such 
city or town, open to and for the use and benefit of all the inhabitants thereof 
may levy a tax annually of not to exceed one mill on each doUar of all the 
taxable property assessed for taxation in such city or town, as shown by the 
tax duplicate for the year immediately preceding the fixing of such levy, 
which tax shall be placed on the tax duplicate of such city or town and collect- 
ed, in the same manner as other taxes are levied and collected and such 
levy shall be certified to the clerk of the circuit court. If the common 



SCHOOL LAWS OF INDIANA 317 

council of such city, as the town board of such incorporated town do 
not make such levy they shall do so at the next ensuing levy, and annually 
thereafter, after taxpayers of such city or town raise by popular subscription, 
for each of the two years immediately following the date of the completion 
of such subscrijjtion, a sum of money equal to the amount that would be de- 
rived from a tax levy of two-tenths of a mill, on each dollar of the taxable 
property assessed for taxation in such city or town as shown by the tax dupli- 
cate immediately preceding the completion of such subscription: Provided, 
That not more than two per cent of the entire amount necessary to be sub- 
scribed shall be subscribed by any one person, firm or eorjoration of such city 
or incorporated town. The amount of money so subscribed, as herein pro- 
vided, lor public library purposes, shall be made to fall due and be payable 
in eight equal quarterly instalments, the first instalment shall become due 
and be payable on the first Monday of the second month following he date 
of completion and filing of such susbcription, as hereinafter provided, and one 
instalment shall become due and be payable on the first Monday of each 
third month thereafter, till all of such subscription is paid. The subscriptions 
shall be collected by the public library board, hereby created, as hereinafter 
provided. (§4916, as amended, 1903, p. 301.) 

836. Subscriptions filed with Clerk of Circuit Court. 2. The 

subscription list for said money shall be filed with the clerk of the circuit 
court of the county in which such city or incorporated town is located. 
Said clerk of the court immediately thereafter shall notify the judge of the 
circuit court of said (county that such subscription has been filed, and 
he shall likewise notify the common council or town board and the 
board of school trustees of such city or town proposing to establish 
a public library, that said subscription has been filed. The original sub- 
scription list shall be preserved by the clerk of the circuit court and by him 
placed in the hands of the public library board, when the board shall have 
been appointed as hereinafter provided. ( §4917.) 

[Law without signature of Governor. Acts 1917, p. 108.] 

837. Public Libraries, Town and Township — Special Tax — Board. 

3. Within ten (10) days after said judge of the circuit court shall have been 
notified, as above provided, that such subscription list has been filed with 
the clerk of the circuit court, if one has been filed to secure the levying of 
such tax, or that the common council has certified to such clerk that the levy 
as provided herein has been made, it shall be the duty of said judge to examine 
such subscription list and if it be found that an amount of solvent subscrip- 
tion has been made equal to the amount required by section one (1) of this 
act, then he shall order a copy of such subscription list spread upon the records 
of said court, and he shall appoint three (3) persons, residents of such city 
or town, as members of such public library board, one of whom he shaU appoint 
for one (1) year, one for two (2) years and one for three (3) years, from the 
date of their appointment, and after the first appointment all appointments 
made by the judge of the court shall be for a period of two (2) years; and all 
appointments so made by the judge of the court shall be entered in the order 
books of said court. If the township advisory board of any township shall 
levy and collect a tax for library purposes the total amount of which tax 



318 SCHOOL LAWS OF INDIANA 

shall be greater than the amount of tax collected by the town or city for said 
library purposes, and pay the same over to the treasurer of the city or town 
where a library is located and otherwise avail themselves of the provisions 
of this act as hereinafter provided, then and in that event the judge, in ap- 
pointing the members of such public library board, at any time thereafter, 
may appoint persons who are residents of such city or town or of such town- 
ship outside of such city or town. Within ten (10) days after the common 
council or the town board and the board of school trustees shall have been 
notified, as in section two (2) of this act, each body shall appoint two (2) 
persons also residents of such city or town, not otherwise appointed as mem- 
bers of such board, who shall become members of such pubhc library board. 
The members so appointed by the common council or town board for the 
first appointment under this act shall serve for a period of one (1) year, and 
after the first appointment all appointments made by the common council 
or town boards shall be for a period of two (2) years. The board of school 
trustees shall appoint its members for a term of two (2) years, who may be 
from their own board. If the township advisory board of any township shall 
levy and collect for library purposes five-tenths (5-10) of a miU on each dollar 
of aU the taxable property assessed for taxation in said township, as shown 
by the tax duplicate for the year immediately preceding the fixing of such 
levy, exclusive of the property of such city or town already taxed for said 
library, and pay the same over to the treasurer of such city or town where 
such library is located, then in such case the township trustee shaU, ex- 
offieio, be a member of such public library board, and such township trustee 
shall appoint one (1) person, a resident of said township, not otherwise ap- 
pointed, as a member of said public library board, who shall become a mem- 
ber of such public library board, and such appointment by such township 
trustee shall be for a period of two (2) years, and all members of such public 
library board appointed as herein provided, shall serve until their successors 
are appointed and quahfled: Provided, That women may be eligible to ap- 
pointment as members of such library board, and not less than three (3) of 
the members appointed shall be women. The judge, common council or 
town board, the board of school trustees, the township trustees, in making 
the appointments, shall select persons of well known probity, integrity, 
business ability and experience, and who are fitted for the character of the 
work they are to perform, and who shall have resided for a period of not less 
than one (1) year, immediately preceding their appointment, in the city or 
town for which they are appointed, in the case of members appointed by the 
common council or town board and school trustees, and in the township in 
the ease of the member appointed by the township trustee as hereinbefore 
provided and in the city, town or township in the case of the members ap- 
pointed by the judge, and who shall not be less than twenty-five (25) years 
of age at the time of appointment, and who shall serve without compensation 
for service. In case of vacancy on such board from any cause, it shall be the 
duty of said judge, common council or town board, board of school trustees 
and township trustees to fill such vacancy occurring in the membership ap- 
pointed by each respectively. 

838. Certificates of Appointment — Oath. 4. All appointments to 
membership on the pubUe library board shall be evidenced by certificates of 
appointment, duly signed by the judge as to members appointed by him. 



SCHOOL LAWS OF INDIANA 319 

by the mayor or president of the town boardj by the president of the board 
of school trustees, and township trustees, as to members respectively appoint- 
ed by them, which certificates of appointment shall be handed to or mailed 
to the address of the appointee. Within ten days after receiving such cer- 
tificate of appointment such appointee shall qualify by taking the oath of office 
before the clerk of the court, that such appointee will faithfully discharge 
the duties as a member of the pubhe hbrary board to the best of his abihty, 
and shall file such certificate with the oath endorsed thereon, with the clerk 
of the circuit court of the county in which such library is to be established. 
(§4919, as amended 1903, p. 301.) 

839. Organization. 5. Within five days after all the members of such 
board shall have been appointed and qualified, they shall meet and organize 
by electing one of their number president, one vice-president and one secre- 
tary, and shaU select such committees or executive board as they may deem 
necessary to carry on the work of the board. (§4920.) 

840. Subscriptions Collected — Buildings — Tax. 7. When such 
public library board shall have organized for the transaction of business, 
there shall be placed in its hands by the said clerk of the circuit court the 
original subscription list, if any has been made, for the procuring of the 
levy of the tax, as herein provided, and it shall be the duty .of such library 
board to collect quarterly aU money subscribed, as the same becomes due, 
as provided for in section 1 of this act, and pay the same over to the treas- 
urer of such city or town, and to expend the same in the establishment, 
equipment, enlargement and management of a public librarj^ in the manner 
as provided for in section 8, which shall be open to and for the use and benefit 
of all the inhabitants of the city or town in which the same is located, and such 
library board may use such sum for the purchase of a building site and the 
erection of a library building as the board may decide. It shall be the duty of 
such library board to determine the rate of taxation that shall be necessary to 
establish, increase, equip and maintain the public Library and certify the same 
to the common council or town board and to the county auditor: Provided, 
That said levy shaU not exceed one mill on each dollar of all the taxable 
property assessed for taxation in such city or town, as shown by the tax 
duplicate for the year immediately preceding the fixing of such levy. When 
the assessment for such pubhc library purposes shall be certified to the 
common council or town board and the auditor, by the pubUc library board, 
the same shall be placed upon the tax duplicate of such county and city or 
town and collected in like manner as other taxes are levied and collected. 
(§4922, as amended 1903, p. 301.) 

841. Tax, how Used. 8. The tax so levied as provided for in sections 
1 and 7 of this act shall be held and kept as a separate fund by the treasurer 
of such city or incorporated town for public hbrary purposes, as herein 
provided, and he shall pay out the same for hbrary purposes only upon the 
warrant of the president of the hbrary board, countersigned by the secre- 
tary thereof. The treasurer of such city or town shall be Uable on his official 
bond for the faithful performance of the duties imposed upon him by this 
act. (§4923.) 



320 SCHOOL LAWS OF INDIANA 

842. Use of Library — -Certificates of Membership — Township May 

Use. 9. When a public library shall have been established in any city or 
incorporated town in this state under the provisions of this act, such library 
shall be open and free for the use and benefit of aU the inhabitants of the 
township in which such library shall be located, provided the township ad- 
visory board of the township in which such library is located, shaU levy and 
collect a tax of two-tenths of a mill on each dollar of aU the taxable property 
assessed for taxation in said township, as shown by the tax duplicate for the 
year immediately preceding the fixing of such levy, exclusive of the property 
of such city or town already taxed for said library, and collect and pay the 
same over to the treasurer of such city or town where such library is located, 
to be held by such treasurer as a part of the public library fund. Said 
library shall remain open and free for the use and benefit of all the inhabitants 
of such township so long as said tax as herein provided and specified shall be 
levied, collected and paid over to the treasurer of such city or town for the 
use of said Ubrary board for the purpose herein named. When the public 
library of any city or town is not so open and free for the use and benefit of 
the inhabitants of any township, by reason of such township failing to levy 
and collect the tax herein required, the public library board may issue and 
sell certificates or library cards to any person or family resident in such town- 
ship at such annual fee as may be deemed by them to be a fair compensation 
for such privilege, and such library cards shall give to the purchaser thereof 
the same rights and privileges as the inhabitants of the city or incorporated 
town. (§4924.) 

843. Donation of Library. 10. If any city or incorporated town in 
this state where a library of the value of an amount equal to the amount of 
money that would be derived from a tax levy of three-tenths of a miU on 
each dollar of valuation of the taxable property within such city or town 
assessed for taxation, as is shown hj the preceding tax duplicate of said 
city or town, is already established and maintained under the existing law 
of this state, and whenever the managing board of such library alreadj^ 
so existing and maintained shall tender the ownership, custody and con- 
trol of said library free of expense to such public library board for the 
uses and purpose of a public library as contemplated by this act, 
which tender of custody and control thereof shall be evidence by a 
certificate issued by the managing board thereof and filed in triplicate 
with the clerk of the circuit court of the county wherein said city or town is 
located, with the clerk of said city or town and the secretary of the board of 
school trustees in the manner and form as prescribed in the certificates of 
popular subscription contained in section 2 of this act, which certificate shall 
show the value of such library. A pubHc library board shall be appointed as 
in the manner as set fourth in this act, except such board shall be appointed 
only when the common council or town board have decided by a majority 
vote of the members thereof to accept such library and to levy annually and 
collect a tax as other taxes are levied and collected, and not to exceed one mill 
on each dollar of valuation of taxable property of such city or town, as herein 
specified. Said council or town board shaU certify its said decision of ac- 
ceptance, attested by the clerk of said city or town, and the mayor of such 
city or president of such town board to the judge of the circuit court and the 



SCHOOL LAWS OF INDIANA 321 

secretary of said board of school trustees, whereupon said judge, city council 
or town board and board of school trustees shall proceed to appoint said 
public library board in the manner and form and to all intents and purposes 
as is done by the voluntary levy of such tax by the council or town board, 
or the popular subscription filed with the clerk of the court as hereinbefore 
provided. (As amended, 1903, p. 301; §4925.) 

844. Removal of Member of Board. 11. The judge of the circuit 
court, the common council or town board and the board of school trustees 
may at any time, for cause shown, remove any member of such library board 
that may have been appointed by each, respectively, and flU the vacancy 
occasioned thereby as provided for in section 3 of this act. (§4926.) 

845. Treasurer's Report. 12. The treasurer of such city or incor- 
porated town, operating libraries under this acty shall make and file with the 
common council or the town board thereof, not later than the 15th day of 
January of each year, an itemized statement, under oath, of all the receipts 
and disbursements of such public library board for the year ending December 
31, immediately preceding the making and filing of such report, and such 
report shall contain an itemized statement of the sources of all receipts, all 
disbursements made and the purpose for which the same were made, and such 
annual report shall be open to inspection of the citizens of such city or town, 
and also the township in which such city or town is located, providing the 
township has complied with the provisions of section 9 herein. (§4927.) 

846. Repealing Section. 13. AU laws and parts of laws in conflict 
with the provisions of this act are hereby repealed: Provided, That this act 
shall not interfere with the maintenance or management of any existing 
library already established and operating under the laws of this state. 
(§4928.) 

[Acts 1911, p. 330. Approved March 4, 1911.] 

847. Library — Extension of Privileges to townships — Tax. 1. 

Whenever the library board of any public Ubrary estabhshed in any city or 
incorporated town in this state shall file notice with the township advisory 
board of any township or townships, in which such city or town is located, 
or of any neighboring township in the same county, of consent of such library 
board to make such library open and free to all the people of said township 
or townships, on the condition of the said township or townships contributing 
to the support of such public library, such advisory board shall, upon petition 
of fifty taxpayers residing in any said township owning real estate in said 
township not already taxed for such library, make an annual appropriation 
and levy a tax of not less than five-tenths of a mill, and not more than one 
mill, on each dollar of taxable property in said township, exclusive of the 
property of such city or town already taxed for such library, and collect and 
pay the same over to the treasurer of such city or town where such library 
is located, to be held by such treasurer as part of library fund to be 
paid out only on warrants signed by the president and secretary of 
such library board: Provided, That the advisory board may levy such 
tax and make such appropriation without such petition: Provided, further. 
That in any township in this state where the pubhc library in any city or 

8554r-21 



322 SCHOOL LAWS OF INDIANA 

incorporated town is now open and free to tlie people of such township under 
any existing law of this state, and it' appear by eertifieate of the library board 
of sueb public library, filed with such township advisory board, that at least 
one-tenth of the families of the taxpayers of such township, outside the limits 
of such city or town, are iisers of such library, such township advisory board 
shaU make such appropriation and levy without such petition: Provided 
further, That where any township coming under the provisions of this act 
owns a township library and levies a library tax therefor, it shall be discretion- 
ary with the advisory board of such township whether such tax for such city 
or town library shall be levied. Said library shall remain open and free to 
the people of any such township or townships so long as the families of one- 
tenth of the taxpayers in said township or townships outside the limits of 
said city or town are found to be users of said library, or when less than one- 
tenth of the families of the taxpayers shall use the said library, the advisorj^ 
board may, at its discretion, continue the tax herein specified. In ease the 
said tax is not levied, or is discontinued, the library board may issue or sell 
a certificate or library card to any person resident in such township or town- 
ships at such annual fee as may be deemed by it to be fair compensation for 
such privileges, and such library card shall give the purchaser thereof the 
same right and privileges as the inhabitants of the city or incorporated town: 
Provided, That where any township coming under the provisions of this act 
owns a township library and levies a library tax therefor, it shall be discre- 
tionary with the advisory board of such township whether such tax for such 
city or town library shall be levied. (§4912b.) 

848. Accounting — Report. 2. The library board of any public 
library receiving funds from such township tax levy, shall make and file with 
the advisory board or boards of such township or townships, not later than 
the 15th day of January each year, an itemized statement of all the receipts 
and disbursements of such public library board for the year ending December 
31 immediately preceding the making and filing [of] such report. (§4912c.) 

[Acts 1899, p. 134. Approved and in force February 24, 1899.] 

849. Public Library Commission. 1. There is hereby created a 
pubhc library commission, which shall be composed of three members, ap- 
pointed by the Governor, who shall serve without compensation except as 
herein provided, each for the term of four years, except that one of the mem- 
bers first so appointed by the Governor shall be appointed for a term of two 
years only, and one for one year. (§6654.) 

850. Office — Duties — Employes. 2. Said public library commission 
shall be assigned a permanent office room in the state house, with storage 
and shipping rooms in the basement of the same sufficient for the performance 
of its duties. It shall have the custody, control and management of the travel- 
ing libraries hereinafter provided for, shall purchase the books and collections 
of books therefor, and the equipment for the same; shall adopt rules and 
regulations for loaning such books and collections of books to library associa- 
tions, and to the persons entitled to borrow the same, and shall provide for 
and require such security and guaranty for the safe return of such books or 
collections of books as may be deemed advisable; shall prepare lists of books 
suitable for public libraries and obtain prices for the same, and furnish such 



SCHOOL LAWS OF INDIANA 323 

lists when, required; shall furnish information or advice as to the organiza- 
tion, maintenance or administration of any library in the state. It shall also 
provide courses of library instruction, print lists and circulars of information 
and perform such other services in behalf of public libraries as it may consider 
for the best interests of the state. The said commission shall employ a secre- 
tary and such other assistants as shall be requisite for the performance of the 
services above specified, who shall serve under the direction of the commis- 
sion. The commission shall each year obtain reports of all libraries in the 
state, and on October 31, 1906, the commission shall make a full report to the 
Governor as to the library conditions and progress in Indiana. This report 
when printed, shall be presented to the general assembly of the State of 
Indiana, and bi-ennially thereafter a like report shall be made. These reports 
shall be printed and bound by the state printing board, the same as other 
public documents, and shall be distributed by the public library commis- 
sion. (§6655, as amended, 1905, p. 151.) 

851. Purchase of Books — Appropriation. 3. There is hereby an- 
nually appropriated from any funds in the treasury not otherwise specifically 
appropriated the sum of seven thousand dollars ($7,000.00) to carry into 
effect the provisions of this act. All bills incurred by the commission or by its 
members and assistants under the law, when approved and certified by the 
president and secretary of the commission, shall be presented to the state 
auditor, who shaU issue warrants therefor upon the state treasury, which 
shall be in lieu of all sums now provided by law for the carrying into effect 
the provisions of this act. (§6656, as amended, 1903, p. 179.) 

852. Libi-ary Association. 4. Any five or more citizens may organize 
a library association, which on furnishing security satisfactory to said com- 
mission, shall be entitled to the use of the traveling libraries under the 
rules and regiilations of said commission, and without charge further than 
all expenses of transportation of said libraries. Any local Ubrary, literary or 
other club, agricultural or other society, grange, college, seminary, university 
extension center, study circle or other association shaU have the use of said 
traveling hbraries on furnishing satisfactory security and complying with the 
rules and regulations as aforesaid. (§6657.) 

1. Section 5 of this act has been repealed. 

[Acts 1899, p. 134. Approved and in force February 24, 1899.] 

853. Advice. 6. The librarian or trustee of any free public library may 
apply to said public library commission for advice as to all matters pertaining 
to the organization, maintenance or administration of their library; and said 
commission shall give such advice and personal attention as may be neces- 
sary. (§6659.) 

851. Township Library. 7. The advisory board of any township de- 
siring to establish and maintain a public library open to and for the free use 
of all the inhabitants thereof, may levy a tax annually of not more than one 
mill on each dollar of taxable property assessed for taxation in such township. 
If the advisory board do not make such levy, then, on the written petition 
of fifty legal voters of any township filed with the county clerk not less than 
fifteen days prior to a township election, the county board of election com- 



324 SCHOOL LAWS OF INDIANA 

missioners shall cause to be printed on the township ballots for such township 
the words: "For a township library tax." "Yes." "No." If in the election a 
majority of the votes cast on said question shall be in the affirmative, the 
township trustee shall thereafter levy annually a tax of not less than five- 
tenths of a mill nor more than one mill on each dollar of the property taxable 
in said township for the establishment and support of a township library free 
to all inhabitants of such township, which tax shaU be levied, assessed, col- 
lected and paid as other township taxes are levied, assessed, collected and paid: 
Provided, That after such library has been established such tax levy shall be 
discontinued when, under the above provision, the question of discontinuing 
such levy shall have been submitted to a vote and the majority of the votes 
east on said question shaU be in the negative: Provided further, That if there 
be located in said township a public library open to the use of all the inhabi- 
tants thereof, then the proceeds of said tax shall be paid to said public library. 
Be it further enacted, that in any township outside of cities in which there has 
been or may hereafter be established by private donations a library of the 
value of ten thousand dollars or more, including the real estate and buildings 
used for such library for the use and benefit of all the inhabitants thereof, 
the township trustee of such township shall annually levy and collect not 
more than six cents on the hundred dollars, upon the taxable property within 
the limits of such township, which shall be paid to the trustees of such library, 
and be applied by them to the purchase of books for said library and to the 
cost of the maintenance thereof, and said trustee may, with the consent of 
the board of commissioners of the county, when it shall become necessary to 
purchase additional ground for the extension or protection of library build- 
ings already established by such private donation, annually levy and collect 
not more than five cents on the hundred dollars upon all taxable property 
of said township for not more than three years successively, which shaU be 
expended by said trustees in the purchase of said property and the erection 
and enlargement of library building thereon. (§6660, as amended, 1911, p. 
73.) 

855. Township Library Board — Townships Uniting. 8. In any 

township, where a free public library is established as above provided, there 
shall be established a township library board composed of the school town- 
ship trustee and two residents of the township, to be appointed by the judge 
of the circuit court (one of whom shall be a woman) . Of the first two members 
of such board so appointed one shall be appointed for a term of two years and 
one for four years, and thereafter the term of office shaU be four years. Such 
library board shall have control of the purchase of books and the manage- 
ment of such library, and shall serve without compensation. Said library 
shall be the property of the school township, and the school township trustee 
shall be responsible for the safe preservation of the same. Said board shall be 
entitled to the possession and custody of any books remaining in the old town- 
ship library in such township; and such board shall be empowered to receive 
donations, bequests and legacies for and on behalf of such library, and shall 
be entitled to receive from the public library commission and state librarian 
copies of all documents of this state available for distribution. Two or more 
adjacent townships may unite to establish and maintain a pubUc library at 
the discretion of the advisory boards, and when two or more townships have 



SCHOOL LAWS OF INDIANA 325 

SO united, the combined library boards appointed as herein specified or the 
board of the public hbrary to which such money is paid as herein provided, 
shall control the library so established. (§6661, as amended, 1911, p. 73.) 

856. Official Documents. 9. The state hbrari an and the public library 
commission shall supply any library of this state with copies of official docu- 
ments and publications of the state in his custody available for distribution 
within the state. (§6662.) 

857. Member of Commission not to be Publisher. 10. No member 
of the public library commission shaU be in any way connected with the 
business of publishing or selling books. (§6663.) 

[Approved March 6, 1913.] 

858. Schools — Cities and Towns — Charge of Public Library. 1. 

That in all the cities and incorporated towns of this state the board of school 
trustees, board of school commissioners, or whatever board may be established 
by law to take charge of the public or common schools of said city or incor- 
porated town, shall have power, if in their discretion they deem it to the public 
interest, to establish a free public library in connection with the common 
schools of said city or incorporated town, and to make such rules and regula- 
tions for the care and protection and government of such hbrary and for the 
care of the books provided therefor, and for the taking from and returning 
to said library of such books as the said board may deem necessary and proper; 
and to provide penalties for the violation thereof: Provided, That in any city 
or incorporated town where there is already established a library open to all 
the people, no tax shall be levied for the purpose herein named: Provided, 
further, That in all cities having according to the last preceding United States 
census not less than four thousand (4,000) nor more than four thousand five 
hundred (4,500) population, in which there is a public library open to all 
the people already established under the hbrary laws of this state, supported 
in whole or in part by taxation, such board of school trustees, board of school 
commissioners, or other boards established by law to take charge of the public 
or common schools of said city or incorporated town, shall have the power, 
by and with the consent of the public library board in charge of such library 
already established, to take over, receive and take full charge of such estab- 
lished library, together with aU the property, whether real, personal or mixed, 
and support, maintain and operate such library the same as if such hbrary 
had been originally established by such board, and for the purpose of support- 
ing, maintaining, increasing and operating such library, such board shall 
have the power and authority to receive gifts and donations, and shall 
.have the same power of taxation as vested by law in the pubUc library board 
from which such library was taken over and received. (§6642, amended. 
1913.) 

[Acts 1885, p. 120. Approved and in force April 2, 1885.] 

859. Libraries in Certain Cities. 1. Wherever the board of directors 
of a library heretofore situate within the limits of any incorporated town 
may have filed the agreement and request with the board of trustees of said 
town, provided for in an act entitled "an act supplementary to an act entitled 
an act to establish public libraries," approved February 16, 1852, approved 



326 SCHOOL LAWS OF INDIANA 

March 8, 1883, and the board of trustees of such town may have levied a tax 
for the support of such hbrary in pursuance of such request and agreement 
and in accordance with said act, and such town may afterward have become 
incorporated as a city, the common council of such city shall have all the 
powers to levy tax, and do all other things granted by said act above named to 
trustees of towns, and all the provisions of said act apphcable to such library, 
and its relations to the town before its incorporation as a city shall, after such 
incorporation, be applicable to such hbrary, and its relations to such city. 

[Acts 1889, p. 561. Approved March 6, 1899, and in force April 28, 1899.] 

860. Tax to Maintain. 2. Such board shall also have power to levy 
a tax of not exceeding one mill on each doUar of taxable property assessed for 
taxation in such city in each year; which tax shall be placed on the tax dupli- 
cate of such city, and collected in the same manner as other taxes ; and when 
said taxes are so collected, they shall be paid over to the said board for the 
support and maintenance of said public library. Such board shall have power 
and it shall be its duty to disburse said fund, and all revenues derived from 
gift or devise, in providing and fitting up suitable rooms for such library ; ' 
in the purchase, care and binding of books therefor, and in the payment of 
salaries to a librarian and necessary assitsants. (§6643.) • 

[Acts 1901, p. 14. Approved and in force February 13, 1901.] 

861. Libraries in Cities of 3,500 to 4,000. 1. Cities having a popula- 
tion of thirty-five hundred by the census of 1900, and not more than four 
thousand, be, and they are hereby authorized to accept a tender of the custody 
and control of libraries estabhshed by hbrary associations, incorporated or 
otherwise, provided such libraries contain at least three thousand volumes, 
and to levy a tax of not more than five cents on the one hundred dollars of 
valuation of taxable property within such cities for the maintenance thereof. 
(§4884.) 

862. Acceptance of Library. 2. Such acceptances shall be indicated 
by a resolution of the common council of such city, whereupon the mayor of 
said city shall appoint three reputable citizens of said city, not more than 
two of whom shall belong to the same political party, as a board of. library 
directors, one member of said board to serve until the first day of June next 
succeeding, one member of said board to serve until one year thereafter, 
the said first day of June next succeeding, and one member of said board to 
serve until two years thereafter, said first day of June next succeeding, and a 
member of said board shall be appointed bj^ the mayor of said city each year, 
whose term of office shall commence on the first daj^ of June of that year. 
Such board shall organize on the first day of June of each year by electing one 
of its number as president, one of its number as secretary, and one of its 
number as treasurer, which treasurer shall give a bond with freehold sureties 
subject to the approval of the common council, to faithfully account for all 
funds which may come into his hands as such treasurer. They shall be sworn 
by the mayor to an honest and faithful discharge of their duties. The bond 
of the treasurer shall be made payable to the city. (§4885.) 

863. Payment of Taxes — Control. 3. The treasurer of the board of 
hbrary directors shaU receive from the city treasurer all taxes collected for 



/ 
SCHOOL LAWS OF INDIANA 327 

library purposes and pay out the same on the order of the board. The board 
of directors shall have the custody and control of such library, subject to 
any rules adopted by, or orders of the common council, employ a librarian, 
if the members of said board deem it necessary, fix and pay the compensation 
of such librarian, pay all necessary expenses of maintaining such library, and 
buy new books to add to such library as the library fund may justify, but in 
no case shall such board be authorized to incvu* any liabilities in excess of the 
available funds on hand. (§4886.) 

864. Privileges of Library. 4. Any resident of said city shall be en- 
titled to the use of the books in such library free of charge upon compliance 
with such rules and regulations as may be prescribed by the board of directors, 
and the board of directors may prescribe such rules and regulations as they 
may see fit for the government and control of such libraries, if the said rules 
and regulations are not in conflict with any order of the common council of 
such city with reference to such library, and the government and control 
thereof. Such board of directors shall make a detailed report to the common 
council at the end of each annual term, accompanied by the report of the 
treasurer and showing all receipts and expenditm"es by him, and attested by 
the president and secretary. Such directors shall serve without compensa- 
tion for services. (§4887.) 

865. Removal of Directors. 5. The common council or the mayor, 
upon cause shown, may at any time remove any member of the board of 
library directors, and upon such removal or the creation of a vacancy other- 
wise, the mayor shall fill the vacancy by appointment. (§4888.) 

866. Library Fund. 6. The tax authorized by section 1 of this act 
shall be levied and collected as other taxes are levied and collected, but shall 
constitute a special fund to be known as the library fund. (§4889.) 

[Acts 1885, p. 9. Approved and in force February 18,1885.] 

867. Tax Levy for Library. 1. Any township in which there has been 
or may hereafter be, established by private donations, a Ubrary of the value 
of one thousand dollars, or more, for the use and benefit of all the inhabitants 
thereof, the township trustee of such township shall annually levy and collect 
not more than one cent on the hundred dollars upon the taxable property 
within the limits of such township, which shaU be paid to the trustees of such 
library, and be applied by them to the purchase of books for said library, and 
may, with the consent of the board of commissioners of the county when it 
shall become necessary to erect or enlarge a library building annually, for 
such period as may be necessary, levy and collect not more than five cents 
on the one hundred dollars upon the taxable property of said township, for 
not more than three years successively, which shall be expended by the trustees 
in the erection or enlargement of a library building. 

1. This section is probably rjpealed by the following: 

[Acts 1889, p. 228. Approved and in force March 2, 1899.] 

868. Office of Librarian Abolished. 1. In any township in this state 
in which there has been or may hereafter be established by private donations 
a library of the value of one thousand dollars or more, for the use and benefit 



328 SCHOOL LAWS OF INDIANA 

of all the inhabitants thereof, the board of commissioners of the county in 
which such township is situated may, upon due proof thereof, by proper order 
entered upon its records, abolish the office of township librarian and require 
and order that the township library in the hands of the township trustee or 
the librarian thereof (including aU t^^e books, papers, records, furniture and 
paraphernalia pertaining thereto), h lUrned over and transferred to the trus- 
tees or other managing officers of such library established as aforesaid. 
(§4913.) 

869. Library Discontinued. 2. That in the event said Ubrary asso- 
ciation so established or to be established shall from any cause cease to exist 
or to perform its duties to the inhabitants of such township, then all its 
property of every kind shall be turned over to and become the property of 
such township. (§4914.) 

870. Legalizing Section. 3. All Ubrary associations of this state 
which purport to have been organized and established pursuant to the pro- 
visions of the laws of this state, for the use and benefit of aU the inhabitants 
of any township in this state, and to which private donations to the amount 
of one thousand dollars, or more have been subscribed, are hereby legalized, 
made valid and declared to be legal library corporations within the purview 
of this act, and all records, proceedings, subscriptions to and acts of the li- 
brary associations are hereby ratified, legalized and made valid. (§4915.) 

[Acts 1881, p. 47. Approved and in force March 7, 1881.] 

871. Real Estate. 3. Any such city in which a free public library may 
be established in accordance with the terms of this act may acquire by pur- 
chase, or take and hold by gift, grant, or devise, any real estate necessary 
for, or which may be donated or devised for, the benefit of such library; 
and aU revenues arising therefrom, and the proceeds of the same, if sold, 
shall be devoted to the use of said library. (§6645.> 

[Acts 1885, p. 160. Approved and in force April 8, 1885.] 

872. Real Estate for Libraries. 1. In any case in which the board of 
school trustees of any city of this state have purchased any real estate for the 
use of a public library of said city, under sections 4524, 4525 and 4526 
[§§402, 403 and 404] of the revised statutes of 1881, and the revenue derived 
from taxation under said sections may have been or shall be insufficient to 
pay for such real estate, then said trustees be and they are hereby authorized 
to pay for the same out of any money in the treasury of such school city belong- 
ing to the special school fund thereof. (§6646.) 

[Acts 1903, p. 346. Approved and in force March 9, 1903.] 

873. Parks Used for Library. 1. It shaU be lawful for the common 
councils or boards of trustees of all incorporated cities and towns in this state 
to authorize and permit the use of any public park in such cities or towns for 
the location and erection of city, county, town or township library buildings, 
and the use of such public park for such purpose shall not be considered as a 
vacation of such park nor as an abandonment thereof for the purpose for 
which the same was laid out or dedicated. 



SCHOOL LAWS OF INDIANA 329 

874. Prior Acts Legalized. 2. Prior actions of any of the common 
councils or boards of trustees of any of the incorporated cities or towns in this 
state in authorizing or i^ermitting, by ordinance, the use of any of the public 
squares, spaces or parks in such cities or towns for the locations and erection 
of said county, town or township library buildings, be and the same are hereby 
ratified, confirmed, legalized and in aU things made valid, and such action 
shall not be considered as a vacation of such square, space or park, nor as 
abandonment thereof for the purpose for which the same was laid out or 
dedicated. 

[Acts 1891, p. 37. Approved and in force February 26, 1891.] 

875. School and Library Tax in Cities of 30,000. 1. In aU cities of 
the State of Indiana where boards of school, commissioners have been elected 
and are managing the school affairs of said city under an act of the general 
assembly of the State of Indiana, entitled "An act providing for a general 
system of common schools in all cities of thirty thousand or more inhabitants, 
and for the election of a board of school commissioners for such cities, and 
defining their duties and prescribing their powers, and providing for common 
school libraries within such cities, approved March 3, 1871, and the various 
acts of the general assembly amendatory thereof, and supplemental thereto, 
and in which the office of city treasurer has been, or hereafter may be, abolish- 
ed tmder and by virtue of an act of the general assembly of the State of In- 
diana, entitled 'An act concerning taxation for city and school purposes in 
cities containing a population of over seventy thousand, as shown by the last 
census of the United States; to abolish the offices of city assessor and city 
treasurer in such cities, and provide for the discharge of the duties of such 
offices and repealing laws in conflict therewith, approved February 21, 
1885,' " such boards of school commissioners be and they are hereby author- 
ized and empowered, in the manner and form in which they are now by law 
authorized to levy taxes, levy taxes for the support of the schools within such 
city, including such taxes as may be required for paying teachers, in addi- 
tion to the taxes now authorized to be levied by the general assembly of the 
State of Indiana, not to exceed, however, in any one year, the sum of twenty- 
five cents on the one hundred dollars, of the taxable property as shown by 
the certificate showing the assessment and valuation for taxation of all 
taxable real and personal railroad property of such city, required to be de- 
livered to said board of school commissioners by section 8 of the said act of 
the general assembly of the State of Indiana, approved February 21, 1885, 
and also to levy a tax each year not exceeding four cents on each one hundred 
dollars of the taxable property in said city, as shown by said certificate, for 
the support of free pubhc Hbraries, in connection with the common schools 
of said city, and to disburse any and all revenues raised by such tax levied 
for Ubrary purposes, in the purchase of books and in fitting up of suitable 
rooms for such hbraries, salaries to librarians and other expenses necessarily 
incident to the maintenance of such hbrary; also, to make and enforce such 
regulations as they may deem necessary for the taking out, and returning to, 
and for the proper care of aU books belonging to such libraries, arid to pre- 
scribe penalties for the violation of such regulations. 

876. County Treasurer Reports to Board of School Commissioners. 

2. In all cities in the State of Indiana, where boards of school commissioners 



330 SCHOOL LAWS OF INDIANA 

have been elected and are managing the school affairs of said city, under and 
by virtue of said act of the general assembly of the State of Indiana, approved 
March 3, 1871, and in which the office of city treasurer has been, or may 
hereafter be, abolished, under and by virtue of said act of the general assembly 
of the State of Indiana, approved February 21, 1885, as mentioned and 
described in the first section of this act, it shall be the duty of the county 
treasurer, on and after making his settlement with the county auditor on 
the third Monday of April, 1891, and the payment to the board of school 
commissioners of the amount by such settlement, found to be due to it, as 
required by section 13 [R. S. 1894, §3758; R. S. 1897, §1283; Acts 1885, p. 
13] of the last above named act, at the close of each calendar month, to make 
report, duly verified by his oath, to said board of school commissioners of all 
taxes and delinquent taxes collected within said month, and thereafter, 
upon demand of the treasiu-er of said board of school commissioners, to pay 
to him, for the use of said board of school commissioners, the full amount 
of said taxes and delinquent taxes shown by said report to have been col- 
lected. Upon such payment being made, the treasurer of the board of school 
commissioners shall execute to said county treasurer his receipt for the amount 
of money so paid, which receipt the latter shall deliver to the secretary of 
the board of school commissioners, who shall give him a quietus therefor, 
and credit said county treasurer with the amount thereof, and charge such 
amount to the treasurer of said board of school commissioners. 

877. County Treasurer's Credits. 3. Said county treasm-er shall, 
thereafter in his settlement with the county auditor, made as required by 
law, on the third Monday of April, and the first Monday of November, in 
each year, present such quietuses to the county auditor, who shall give such 
county treasiu-er credit therefor as against the sums with which he is charge- 
able upon account of the coUection of such school taxes. 

1. Revealing Section. The fourth section expressly repeals the act of 1889, 
p. 432, on the same subject. 

[Acts 1901, p. 10. Approved and in force February 13, 1901.] 

878. School and Library Tax in Cities of 15,000 to 30,000. 1. In 

aU cities in the State of Indiana where boards of school commissioners have 
been elected and are managing the school affairs of said city under an act of 
the general assembly of the State of Indiana, entitled "An act providing for 
a general system of common schools in aU cities of thirty thousand or more 
inhabitants, and for the election of a board of school commissioners for such 
cities, and defining their duties and prescribing their powers and providing 
for common school libraries witliin such cities," approved March 3, 1871, 
and the various acts of the general assembly amendatory thereof and sup- 
plemental thereto, and in all cities in the State of Indiana of 15,000 or more 
inhabitants, where boards of school trustees have been elected and qualified 
under an act of the general assembly of the State of Indiana, entitled, "An 
act to amend section 1 of an act entitled 'An act to amend an act entitled 
An act to provide for a general system of common schools, the officers thereof 
and their respective powers and duties, and matters properly connected 
therewith, and prescribing the fees for certain oificers therein named, and for 
the establishment and regulation of township libraries, and to repeal all laws 



SCHOOL LAWS OF INDIANA 331 

inconsistent therewith, providing penalties therein prescribed, approved 
March 6, 1865, and adding supplemental sections thereto,' approved March 
8, 1873," (approved March 12, 1875), being section 4439 of the revised 
statutes of 1881, such board of school commissioners be and they are hereby 
authorized and empowered to issue bonds in any sum not exceeding one hun- 
dred thousand dollars, for the purpose of erecting buildings for library and 
school offices to be used in connection with the common schools of said city. 
Such bonds to bear interest not exceeding five per cent, per annum payable 
after eleven years from the date thereof and within twenty years from the 
date thereof, as follows, to wit: One- tenth thereof to be paid eleven years 
from date, and one-tenth thereof to be paid each succeeding year until all 
are paid; the money obtained from the sale of such bonds shall be disbursed 
by said board of school commissioners and said board of school trustees, 
respectively, in the erection of a building for the library and school offices 
to be used in connection with the common schools of said city. Such bonds 
shall be designated "library building bonds," and may be issued in such 
denominations, and in such sums from time to time as the board of school 
commissioners, or the board of school trustees, respectively, may deem ex- 
pedient; and each of said bonds shall upon its face designate the date of the 
matirrity thereof: Provided, That at no time shall the amount of bonds so 
issued for such purpose by any such board of school commissioners exceed 
the sum of one hundred thousand dollars; and that said board of school 
commissioners, or said board of school trustees, shall have no power to issue 
any renewal thereof, but the same shall be paid at maturity as hereinafter 
provided: And, -provided further, That such bonds shall not be sold for less 
than their par value. 

879. Payment of Bonds. 2. If the board of school commissioners, 
or the board of school trustees, in any city shall exercise the powers granted 
to it by this act, it shall provide for the payment of said bonds as follows: 
At the time of the levying of the taxes for the year which shall be collectable 
immediately before the maturity of the first maturing of said bonds, said 
board of school commissioners and said board of school trustees, respectively, 
shall levy, in addition to the levy of taxes they may be authorized to make for 
other purposes, a tax upon all property subject to taxation by it sufficient to 
pay the first maturing of such bonds, and apply the money raised thereby 
to the payment thereof; and each year thereafter said board of school com- 
missioners and said board of school trustees, respectively, shall levy such tax, 
and apply the proceeds thereof to the payment of the bonds successively 
maturing until all shall have been paid. 

[Acts 1911, p. 186. Approved March 3, 1911.] 

880. Towns — Transfer of Property to Library Board. 1. Whenever 
the toAvn board of any town shall heretofore have purchased or otherwise 
acquired any property for the purpose of transferring the same for library 
purposes to the public library board of such town, it shall be lawful for such 
board to transfer such property to the public library board and for the public 
library board to accept such property for library purposes, and that such 
property shall revert to the town board whenever it ceases to be be used for 
library purposes. 



332 SCHOOL LAWS OF INDIANA 

881. Purchases Legalized. 2. All purehases of property heretofore 
made by town boards for the purpose of transferring the same for library 
purposes to the public library board are hereby legalized and rendered valid. 

[Law -without signature of Governor. Acts 1917, p. 110.] 

882. County Libraries — Maintenance and ControL 1. That the 
county commissioners of any county in which there is no free pubUc tax 
supported library in any city or town may establish a county public library 
open and free to all the inhabitants of the county, and levy a tax of not less 
than one-tenth of a mill nor more than one mill (1) on the doUar on aU taxable 
property assessed for taxation in such county: and on written petition of 
twenty-five (25) resident freeholders of each township in the county not 
already taxed for library purposes shall establish such library and levy such 
tax. Such petition shall be filed with the clerk of the circuit court and an 
attested copy of such petition shall be filed with the board of county commis- 
sioners. Within five (5) days after a tax for such library has been levied in 
any county, or such petition has been filed, the clerk of the circuit court of 
such county shall notify the judge of the circuit court, the county superin- 
tendent of schools, and the board of county commissioners of such action. 
Within ten (10) daj^s after these notices have been sent to the appointees, the 
county commissioners shaU appoint two (2) members, one (1) of whom shall 
be a woman, to the county public library board for a term of one (1) year; 
the county superintendent of schools shall appoint two (2) members, one(l) 
of whom shaU be a woman, for two (2) years, and the judge of the circuit 
court shall appoint three (3) members one (1) of whom shall be a woman, one 
(1) for one (1) year, one (1) for two (2) years, and one (1) for three (3) years. 
Not more than two (2) of the appointees shall reside in any one (1) township. 
The terms of office of all persons first appointed under this act shall continue 
until January 15th following the date of their expiration as provided in this 
act and thereafter all appointments shall take effect on Janiiary 15th. All 
members of such pubUc library board appointed as herein provided shall 
serve until their successors are appointed and qualified. The appointing 
officer or officers in making the appointments, shall select persons of well 
known probity, integrity, business ability and experience, and who are fitted 
for the character of the work they are to perform, and who shall have resid- 
ed for a period of not less than one (1) year, immediately preceding their 
appointment, in the county for which they are appointed, and who shall not ■ 
be less than twenty-five (25) years of age at the time of appointment, and 
who shall serve without compensation for service. In case of vacancy on 
such board from any cause, it shall be the duty of the officer or board making 
such appointment to fill such vacancy occurring in the membership appointed 
by each respectively. 

883. Board Members — Certificate — Oath. 2. AU appointments to 
membership on the county library board shall be evidenced by certificates of 
appointment, duly signed by the officer or the clerk or secretary of the board 
making the appointment, and delivered to the appointee. Within ten (10) 
days after receiving such certificate such appointee shall qualify by taking 
an oath before some officer authorized to administer oaths, that such appointee 
wiU faithfully discharge the duties as a member of the public Ubrary board 



SCHOOL LAWS OF INDIANA 333 

to the best of his abihty; and he shall file such certificate, with the oath 
endorsed thereon, with the clerk of the circuit court of the county in which 
such library is to be established. Such clerk shall thereupon make a record 
of such appointment and the term thereof. 

884. Organization — Powers and Duties — Funds. 3. The members 
appointed as in this act provided, shall constitute and be known as the county 
library board. They shall meet within ten (10) days of their appointment 
and shall organize by electing a president, a vice-president and a secretary. 
They shall have control and disbursement of the public funds for the use of 
the library from whatever source derived, and the custody and control of 
all the books and other property of every name and description, and shall 
have the power to purchase books, pamphlets, periodicals and other material 
and all necessary equipment, furniture and supplies, and direct all the affairs 
of such county public Ubrary; and such library board, in the name of the 
library, shall be empowered to receive donations, bequests and legacies, and 
to purchase, receive, sell, and convey real estate and personal property for 
and on behalf of such library. They shall have the power to make and en- 
force rules for the management of such libraries as they may deem necessary, 
employ hbrarians, assistants, janitors, and other employes, require official 
bonds, establish branches and deposit stations, issue or sell cert flcates or 
1 brary cards to non-residents, pay the expenses of delegates to library meet- 
ings and do all things necessary to promote the interests of the library. 

All county library money shall be held by the county treasurer and kept 
as a separate fund and deposited in the public depositories and all interest 
accruing thereon shall be credited to the Ubrary fund: Provided, That the 
library board may invest any gift, bequest, or devise in interest-bearing 
securities. Such treasurer shall pay out library funds for library purposes 
only upon the warrant of the president of the Ubrary board, countersigned by 
the secretary thereof; and the president and secretary shall issue such warrant 
only upon itemized vouchers which shall be accompanied by itemized bills, 
and which shaU be certified as to correctness by the chairman of the finance 
committee of the library board and signed and sworn to by the librarian. 
The oath required may be administered by the secretary of the board and 
shall be administered without charge. The treasurer of such county shall 
be Uable on his official bond for the faithful performance of the duties im- 
posed upon him by this act. 

In any county in which there now exists a county library fund, such fund 
shaU become available for Ubrary purposes as soon as the county library 
board is organized as above required. 

885. County May Aid City Library — Conditions. 4. Whenever the 
■ Ubrary board of any public library established in any city or incorporated 

town in this state shall file notice with the board of county eommissiojaers of 
the county in which such library is located, of consent of such library board' 
to make such Ubrary open and free to all the people of said county not 
already having free library privileges, on the condition of the said county 
contributing to the support of such public library, such board of county com- 
missioners may, and, upon petition of twenty-five (25) resident freeholders 
of each township in the county, not already taxed, for public library purposes, 
shaU make an annual appropriation and levy a tax of not less than one-tenth 



334 SCHOOL LAWS OF INDIANA 

of a mill, and not more than one (1) mill on each dollar of taxable property 
in said county, including the property of any city or incorporated town in 
the county, not already taxed for public library purposes and the county 
treasurer shall collect and pay the same to the treasurer of such city or town 
where such library is located to be held a part of the library fund and to be 
paid out in the same manner as other library funds. Said tax shall be con- 
tinued so long as ten per cent (10%) of the inhabitants of said county outside 
the limits of said city or town are found to be users of said library, or when 
less than ten per cent (10%) of the inhabitants shall use the said library, 
the board of county commissioners may, at its discretioil, continue the tax 
herein specified. 

886. Board, Appointment of — Qualifications. 5. If the board of 
county commissioners shall levy a tax for library purposes as provided in 
section four (4) of this act and pay the same over to the treasurer of such city 
or town where svieh library is located, then such county commissioners shall 
within ten (10) days appoint two (2) persons, one of whom shall be a woman, 
residing in some part of said county which is contributing a tax for the sup- 
port of the county library, outside the limits of the city or town in which such 
library is located, not otherwise appointed, as members of said public library 
board, who shall become members of such coiinty library board and such 
appointment shall be for a period of two (2) years, and the county superin- 
tendent of schools also shaU appoint two (2) such members with qualifications 
as above provided for a period of one (1) year and three (3) years respectively. 
The members so appointed shall have the same qualifications and equal 
authority with other members of the public library board in the levying and 
expending of aU county taxes and in the maintaining of library service to the 
inhabitants of the eoimty outside the city in which the library is situated. 

887. Tax Levy, How Made. 6. It shall be the duty of the county 
Library board as organized under any section of this act, to determine annually 
the rate of taxation that shall be necessary to establish, increase, equip and 
maintain the public library and certify the same to the board of county com- 
missioners and to the county auditor: Provided, That said levy shall be not 
less than five-tenths of a mill and not more than one (1) mill on each dollar 
of all the taxable property assessed for taxation in ■ such county, city, town or 
township, as shdwn by the tax duplicate for the year immediately preceding 
the fixing of such levy. When the levy for such public library purposes shall 
be certified to the board of county commissioners, and the county auditor, 
by the county library board, the same shall be placed upon the tax duplicate 
of such coimty, and collected in like manner as other county taxes are levied 
and collected. 

888. Combination of City and County Libraries. 7. In any county 
in this state in which there shall hereafter be established a county library, 
the library board of any existing pubUc library in any incorporated town or 
city, or of any township or townships or any combination thereof, may, with 
the consent of the county library board, pay over to the county library board 
the income from any or all sources on the condition that said county library 
board shall have full power in the management of and shaU maintain such 
city or town or township Library as a branch of the county library and that 



SCHOOL LAWS OF INDIANA 335 

the inhabitants of such city, town, township, or townships shall have all 
the privileges of said county library; and that such library shall remain a 
part of such county library as long as ten per cent (10%) of the inhabitants of 
such city, town, township, or townships shall be users of the county hbrary 
through said branch. 

889. Liability of Commissioners and Board. 8. If any board of 
county commissioners or any board contributing to said library shall fail or 
refuse to levy the hbrary tax provided for herein, the members of such board 
shall become jointly and severally Uable for the amount such levy would 
produce on the assessment of such county if fully collected, and the same 
shall be recovered from them in suit by any taxpayer of such county on behalf 
of the treasurer thereof, and shall be included in the funds of such library in 
lieu of such law. 



336 



SCHOOL LAWS OF INDIANA 



CHAPTER XXXIII. 
Public Depositories, 



Sec. 




Sec. 


890. 


Public officers — Cash book. 


904. 


891. 


State officers — Payments to treas- 






urer. 


905. 


892. 


Institutions, boards, etc. — Pay- 






ments to treasurer. 


906. 


893. 


Fees- — Salary — Treasurer. 




894. 


State board of finance. 


907. 


895. 


County board of finance. 




896. 


Compensation. 


908. 


897. 


Cities and towns — Board of finance. 




898. 


Schools and township board of 
finance. 


909. 


899. 


Depository deposits — Treasurers. 


910. 


900. 


Requirements as to depository — 






Bonds. 


911. 


901. 


Other forms of security. 




902. 


Surety disapproved — Court deci- 
sion. 


912. 


903. 


Funds — Inviting proposals to re- 
ceive — Notice. 


913. 



Proposals for funds — Interest — 
Surety. 

Creation of depository — Revoca- 
tion — Appeal. 

Selecting state depositories — Fi- 
nance boards — Record. 

Title to securities — Record — De- 
fault — Sale. 

State institution deposits — Treas- 
urers' settlement. 

Monthly statement by depositories 
— Checks. 

Pubhshed reports — Auditor's pow- 
ers. 

Selection without advertising — 
Outside of county. 

Daily deposits — Embezzlement — 
Penalties. 

Official liability — Exemption. 



[Acts 1907, p. 391. Approved March 9, 1907.] 

890. Public Officers — Casfi Book. 1. It shall be the duty of every 
public officer in this state who receives or disburses public funds, to keep a 
cash book wherein there shall be daily entered, by item, all receipts of public 
funds, which cash book shall be daily balanced, showing funds on hand at 
the close of each day: Provided, Said cash book shall be a public record 
and open to public inspection. (§7522.) 

891. State Officers — Payments to Treasurer. 2. After thirty (30) 
days from the taking effect of this act, all funds shall be paid into the state 
treasury by each state official handUng public funds, and an itemized state- 
ment thereof shall be kept by said state official as provided for in section 1, 
and said state official shall make quarterly settlements with the auditor of 
state of such funds paid into the treasury, as provided for in this act. ( §7523.) 

892. Institutions, Boards, etc. — Payments to Treasurer. 3. It 

shall be the duty of the state board of medical registration and examination, 
the Indiana board of pharmacy, the several boards of trustees of the several 
hospitals for the insane, the board of trustees of the Indiana state school for 
the deaf, the board of trustees of the Indiana school for the bhnd, the board 
of trustees of the Indiana school for feeble-minded youth, the board of 
trustees of the Indiana soldiers' and sailors' orphans' home, the board of 
trustees of the Indiana state soldiers' home, the board of trustees of the 
Indiana state prison, the board of trustees of the Indiana reformatory, the 
board of trustees of the Indiana boys' school, the board of trustees of the 
Indiana girls' school, the board of trustees of the Indiana women's prison, the 



SCHOOL LAWS OF INDIANA 337 

board of trustees of the Indiana village for epileptics, the board of trustees of 
the hospital for treatment of tuberculosis, the board of control of the State 
soldiers' and sailors' monument, or the secretary, superintendent, or other 
person having charge of such institutions, boards, schools or offices, on the 
first Monday in each month to pay into the state treasury all funds in their 
possession due the state from receipts and earnings: Provided, That this 
section shaU not prevent the several boards and persons named herein having 
control of state funds from keeping on hand such working balance as may be 
directed by the atate board of finance provided for herein. ( §7524. 

893. Fees — Salary — Treasurer. 4. In all cases where it is now pro- 
vided by law that any state officer, board, body or department, shall coUect 
any fee for any service rendered, or examination had, and appropriate the fee 
so collected to pay the salary, per diem, or the expenses of any state officer, 
board, body or department for rendering service or making examination, 
such fees shall be by such officer, board, body or department, paid into the 
state treasury as provided for in this act, and the salary, per diem and ex- 
penses on account of such services, shall be paid out of the state treasury 
upon an account duly filed and approved as is now provided by law. Such 
salary, per diem and expenses, however, shall not be in excees of the fees so 
collected and turned into the state treasury unless otherwise specifically 
provided. (§7525.) 

894. State Board of Finance. 5. The Governor of the state, the 
auditor of state, and the treasurer of state shall constitute a state board of 
finance, and shall have advisory supervision of the safe-keeping of all funds 
coming into the state treasury, and all other funds belonging to the state 
coming into the possession of any state board, officer or state institution. 
Such board of finance shall have supervision of aU the fiscal affairs of the 
state, including the state sinking funds. Such state board of finance shall 
meet immediately after the taking effect of this act, in the office of the auditor 
of state, and organize by electing from their membership a president. The 
auditor of state shall be the secretary of said board of finance. The proceed- 
ings of such board shall be entered at length in a record to be provided for 
that purpose, and be approved and signed by the president of the board, and 
attested by the secretary. Such board of finance shall hold sessions whenever 
necessary to discharge its duties. Its sessions shaU be public, and its records 
shall be kept in the office of the auditor of state and be subject to public in- 
spection. The president of said board shall convene such board whenever 
requested so to do by one of its members, or whenever necessary to the per- 
formance of its duties. Such board may sue, and be sued in its name, in any 
action, and in any court having jurisdiction, whenever necessary to accomplish 
the purposes of this act. The treasurer of state shall be required to execute 
a bond with good and sufficient surety to be approved by the Governor and 
auditor of state, which bond shall be in an amount to be fixed by said Governor 
and auditor, not to exceed double the amount such treasurer may have in 
his hands and under his control, and conditioned upon the faithful perform- 
ance of his duties as such treasurer and shall be in lieu of the bond now re- 
quired by law. (§7526.) 

8554r— 22 



338 SCHOOL LAWS OF INDIANA 

895. County Board of Finance. 6. The board of county eonimis- 
sioners in each county in the state shall constitute a county board of finance. 
The members of such county board of finance shall immediately after the 
taking effect of this act, meet in the room of the board of county commis- 
sioners in the court house. The county auditor shall be the secretary of 
such county board of finance and a record of its proceedings shall be made. 
The meetings of such board shall be public and its records open to inspection, 
such board may sue and be sued in its name, in any action, and in any court 
having jurisdiction whenever necessary to accomplish the purposes of this 
act: Provided, That in all counties in which the county treasurer is ex 
officio treasurer of the city which is the county seat of such eoimty, and is 
ex officio treasurer of the school city or board of school commissioners of 
such county seat city, the county board of finance shall consist of the board 
of commissioners of such county, the mayor and comptroller (if any) and the 
chief executive officer of such school city or such board of school commission- 
ers of such county seat city. The auditor of such county shall act as secretary 
of such board and in case of a tie shall cast the deciding vote. The mayor 
shall preside but shall have the power to vote on all questions. When there 
is no comptroller in such city, such board shall consist of the other named 
officers as above set forth. In such counties such county board of finance 
shall be and is hereby constituted the board of finance to have charge and 
control under this act of the county funds, also of the funds of such county 
seat city, also of the funds of such school city or board of school commission- 
ers in such county seat city. (§7527.) 

896. Compensation. 7. The county auditor shall be paid fifty 
dollars ($50.00) per anniim in addition to his regular salary, on account of 
the additional services required of him by this act, to be allowed by said board 
and to be paid out 5f the county treasury. The other members of the county 
board of finance shall serve without compensation other than their salary 
as county commissioners. Such board shall hold meetings whenever neces- 
sary in the discharge of its duties as such, and the county auditor shall convene 
such board whenever reason therefor exists or when requested so to do by one 
of its members. Said county board of finance shall have advisory supervi- 
sion of the deposit of public funds of the county treasury as provided for in 
this act. (§7528.) 

897. Cities and Towns — Board of Finance. 8. The mayor and 
common council of each city, except such coimty seat cities as are mentioned 
in section 6 hereof, and the board of trustees of the several towns in this state, 
for the purposes of this act, shall be constituted boards of finance of such 
cities and towns respectively. The city clerk in each city, and the town 
clerk in each town, shall act as secretary of his respective board of finance: 
Provided, That in cities having a comptroller, said comptroller shall be the 
secretary of said board of finance. The city and town boards of finance 
shall meet immediately after the taking effect of this act, and organize by 
electing a president of their respective boards, and a record thereof shall be 
made of their action. Said meetings shall be held at the usual place of 
holding meetings of the said city councils and town boards, which meeting 
shall be open to the public, and the record at aU times, open to inspection. 
Such city and town boards of finance may sue and be sued in their names. 



SCHOOL LAWS OP INDIANA 339 

as such, in any action, and in any court having jurisdiction, whenever neces- 
sary to accomplish the purposes of this act. The members of such boards 
shall serve without compensation, other than the salaries now allowed by 
law for their services as officers for said cities and towns. Such boards 
shall hold meetings whenever necessary to the discharge of their duties, and 
the secretaries thereof shall convene the same when requested so to do by 
any member of said board. Such boards of finance shall have advisory sup- 
ervision of the safe-keeping and deposit of the public funds of their respective 
cities and towns. (§7529.) 

898. School and Towns'hip Board of Finance. 9. The boards of 
school commissioners of each school city in this state, having such, and the 
board of school trustee of each city in this state, having such, except those 
in such county seat cities as are mentioned in section 6 hereof, and the board of 
school trustees of each school town in this state, and the advisory board of 
each township in -this state, for the purposes of this act are hereby constituted 
a board of finance for their respective corporation. The board of finance 
of the several townships, and the boards of finance of the several school cities 
and school towns of this state, shall meet immediately after the taking effect of 
this act, at their usual place of holding meetings in their respective cities, 
towns and townships. Said meetings shall be open to the public, and records 
thereof made, and each board shall organize by electing a president and sec- 
retary from its membership. Such several boards may sue and be sued in 
their names as such, in any court having jurisdiction, whenever necessary 
to accomplish the purposes of this act. The members of such boards shall 
serve without additional compensation, and meetings shall be heid whenever 
necessary in the discharge of their duties. Said city and town school boards, 
and advisory boards of townships, actmg as boards of finance for their respec- 
tive school cities and school towns and townships, shall have advisory sup- 
ervision of the safekeeping and deposit of all public funds belonging to such 
school cities, school towns and to such townships and the several school 
townships. (§7530.) 

899. Depository Deposits — Treasurers. 10. Immediately after the 
organization of said several boards of finance and the designation by them of 
public depositories, as by this act provided, the treasurer of state, the several 
county treasurers, the several city treasurers, the several town treasurers, 
the several treasurers of the board of school commissioners of the several 
school cities, the several treasurers of board of school trustees of school cities, 
the several treasurers of the boards of trustees of school towns and t;he several 
township trustees, who receive, or have on hand any public funds by virtue 
of such of&ee, and subject to deposit, shall make deposit of such funds in 
the depositorj^ or depositories selected bj;' said boards of finance respectively, 
and file with the secretary of the said respective boards a verified statement 
of the funds deposited. (§7531.) 

900. Rcifuirenients as to Depository — Bonds. 11. No public 
funds shall be deposited in any bank, banking institution or trust company 
of this state, pursuant to the provisions of this act, unless such institution 
is subject by law to visitation and examination by the comptroller of the cur- 
rency for the United States government, through national bank examiners, 



340 SCHOOL LAWS OF INDIANA 

or by the auditor of state through state bank examiners and until sueh de- 
pository has presented to said board of finance a personal bond executed 
by not less than seven (7) freeholders of the State of Indiana, as security in 
a sum equal to sixty per cent [of] the maximum amount of the funds to be 
held on deposit at any one time, or has presented a surety company bond in 
a sum equal to one-htilf the amount of funds to be so held at any one time, 
said bonds to be approved by the said respective boards of finance. (§7532, 
as amended 1909,' p. 182.) 

90i. Other Forms of Security. 12. The several banks and trust 
companies may, in lieu of a personal or surety company bond provided for 
in section 11 hereof, be designated as depositories upon their delivery to the 
statfe board of finance, or to the several boards of finance of counties, cities, 
towns, school cities and school towns, and townships, the bonds of any 
county of this state, or issued by any county of this state for the improvement 
of roads, bonds of the United States, or bonds of the State of Indiana, for 
the full face value equal to one-half of the maximum amount to be deposited 
in any bank or trust company, which bonds shall be deposited with, and held 
by the auditor of state, or by the respective boards of finance of the counties, 
cities, towns, school cities, school towns, and townships as security for sueh 
deposits : Provided, That before such national, state, or county, bonds, or 
other form of security are accepted by the several boards of finance, they 
shall determine the value and validity of said security so tendered: Pro- 
vided, further. That any bank or trust company may furnisli the securities 
provided for in this section for any portion of the maximum amount to be 
deposited in it, and may furnish the personal or surety company bond pur- 
suant to section 11 hereof, for the remainder of such maximum amount. 
(§7533, as amended 1909, p. 183.) 

902. Surety Disiipproved — Court Decision. 13. If any board of 
finance fails or refuses to approve the bond or securities of any such bank 
or trust company, the same may be presented to the circuit or superior court 
in the county, or the judge thereof in vacation, which, after thr-ee (3) daj^s' 
notice to the secretary of any sueh board of finance, shaU proceed to hear and 
determme the sufficiency of such bond or security, and shall approve or dis- 
approve the same as the facts warrant. Such court or the judge thereof in 
vacation shall also investigate the financial responsibility of any sueh bank 
or trust company and determine its fitness to be designated a depository 
of public funds. If sueh court or the judge thereof m vacation approves 
said bond or security, and finds said bank or trust company a proper institu- 
tion to be entrusted with such funds, said bank or trust company shall be 
declared by sueh court or the judge thereof in vacation a public depository. 
(§7534.) 

903. Funds — Inviting Proposals to Receive— Notice. 14. Within 
twenty (20) days before the time set for the meeting of said several boards 
of finance, the secretaries of said boards of finance shaU mail to each bank or 
trust company of their respective townships or counties a notice which shall 
invite proposals, to be filed with said several boards of finance on the date 
mentioned in such notice, proposing to receive pubUe funds on deposit as 



SCHOOL LAWS OF INDIANA 341 

provided for in this act. Such notice to be sent by registered mail and the 
receipt received for such letter shall be filed with the records of the oifice 
of said secretary. (§7535, as amended 1909, p. 437.) 

904. Proposals for Funds — Interest — Surety. 15. Any bank or 
trust company subject to examination by state or national authority and 
having its place of business in this state, and doing business herein, which 
shall desire to receive public funds of the state on deposit, or any such bank 
or trust company within any county, desiring to receive on deposit public 
funds of the county, or of any public corporation within the county shall file 
with the I'espective board of finance on the day mentioned in such notice 
provided for in section fourteen hereof, its written proposal to receive a maxi- 
mum sum of public funds on deposit, and agree to pay interest on daily bal- 
ances, at the rate of two per cent (2%) per annum, and upon semi-annual 
time deposits, two and a half per cent (2|%) per annum, and upon annual 
time deposits three per cent (3%) per annum: Provided, The bond or 
securities required in sections eleven and twelve of this act shall be filed and 
deposited within five (5) days after notice that an award has been made, 
and before a deposit of any public funds under said award shall be made: 
Provided further, That all interest so earned shall be added respectively to 
the tuition fund of the township, general fund of the state, city and town, 
county fund of the county, and to the tuition fund of the school city or school 
tov/n, except in all cases interest on school fund shall be applied to tuition 
revenue: Provided further, That any interest derived from the funds of a 
state educational institution, shall be added to the fund from which it is 
derived. (§7536, as amended, 1909, p. 437.) 

905. Creation of Dejiository — Revocation — Appeal. 16. The 

boards of fina,nce shall meet at the time and place fixed in said notice, and shall 
open such proposals and consider the same, and any bank, banks or trust com- 
panies within the state tendering security as provided for in this act, and 
agreeing to pay the interest provided herein, shall be constituted deposi- 
tories for public funds: Provided, That the commission of any depository 
may be revoked at any time, and an immediate accounting and settlement 
required by the board of finance under which it operates for any cause 
deemed sufficient by such board of finance. Such depository, however, shall 
have the same right of appeal, and the circuit or superior court, or the judge 
thereof in vacation, the same jurisdiction to try and determine the case, as 
provided for appeals in section 13 hereof. (§7537.) 

906. Selecting State Depositories — Finance Boards — Record. 17. 

The state board of finance shall establish and declare banks and trust com- 
panies [depositories] for state funds with reference to the convenience of 
officers and state institutions using them. When any board of finance has 
established a depository or depositories for public funds, the president of such 
board of finance shall approve and accept said bank, banks or trust companies 
as depositories for public funds, and the secretary thereof shall attest said 
acceptance, and thereupon the notice, proposal, bond or securities, and ac- 
ceptances, shall be recorded by the secretary as provided therefor in a book 
kept for that purpose. Such boards of finance in the acceptances executed 
by them shall fix the maximum amount of funds which shall at any time be 



342 SCHOOL LAWS OP INDIANA 

placed on deposit in any such institution, and the attorney-general, upon 
the approval of this act, shall prepare forms of proposals, forms of bonds 
and forms of acceptances Avhieh shall be used and observed bj^ the several 
boards of finance, in the execution of this act. The first designation of public 
depositories pursuant to this act, shall remain effective until the first Monday 
in January, 1909. On the first Monday in January, 1909, and biennially 
thereafter, the several boards of finance created by this act shall designate 
public depositories for the ensuing two years and upon the terms and accord- 
ing to the regulations prescribed in this act, and after notice of their meeting 
shall have been given for twenty days bj^ the secretaries thereof, as provided 
in section 14 of this act. (§7538.) 

907. Title to Securities— Record— Default— Sale. 18. The title 
for all collateral bonds deposited by any bank, banks or trust companies, to 
secure the deposit of public funds, as provided in this act, shall vest in the 
board of finance with which the same are deposited, for the use and benefit 
of the state, [county], city, town, township or school corporation whose 
funds are secured thereby. There shall be entered on record in the records 
of such boards of finance, a list of the bonds so deposited, the date of deposit, 
and the date of release and surrender of the bonds so deposited. During 
the time that such bonds are so deposited, and while the funds that secm-e 
them remain unpaid and unaccounted for, such bonds so deposited shall not 
be negotiable or transferred either in writing or by delivery. AH interest 
coupons accruing upon any such bonds while on deposit shall belong to and 
be delivered by the custodian thereof to the depository depositing the same, 
provided said depository is not in default in any of the public funds. If a 
collateral bond matiires while the deposit continues, or if for any other reason 
it becomes necessary to said depository to withdraw such collateral bond or 
secmity, the depository depositing the same shall be entitled to withdraw 
any such collateral bond, substituting therefor other collateral bonds to the 
approval of said board of finance. In ease any depository defaults in the 
payment of any public funds so deposited, the collateral bonds so deposited 
shall be sold at public sale for cash, to the highest bidder, after thirty (30) 
days' notice of the time and place and terms of sale, which notice shall be 
given by publication in two newspapers of the county where the sale is to 
take place. The sale of said collateral bonds, for and on behalf of the state 
board of finance, shall be conducted by the auditor of state; for and on behalf 
of the county board of finance, by the county auditor; for and on behalf of 
the city, by the mayor and common council; for and on behalf of the town 
boards of finance, by the board of town trustees; for and on behalf of the town- 
ship board of finance by the auditor of the county; for and on behalf of school 
city and school town boards of finance, by the trustees of such city or town 
school boards. And the funds realized from such sale shall be applied to the 
payment of the expenses of the sale, then the sum due from such depository, 
and the balance, if any, shall be turned over to such depositoey. The title 
of any collateral bonds so sold shall pass by delivery of said board of finance 
to the purchaser, and a record of such sale shall be made by the secretary 
of said board of finance : Provided, That if the collateral bonds shall not sell 
for a sum sufficient to pay the amount due by such depository, any balance 
unpaid shall be a claim against the assets of such depository. (§7539.) 



SCHOOL LAWS OF INDIANA 343 

908. State Institution Deposits — Treasurer's Settlement. 19. 

The state board of finance shall arrange for the deposit of all state funds held 
by state schools or educational institutions, and aU funds held by any state 
institutions now authorized to keep public funds on hands, in banks or trust 
companies, convenient to said ofl&cers or institutions, and said deposits shall 
be made in accordance with the provisions of this act, and such state board of 
finance is hereby authorized to adopt such rules and regulations concerning 
the safe keeping and deposit of such state funds as may become necessary 
to accomplish the purpose of this act. That in all settlements made by the 
several county treasurers of the state with the treasurer of state the treasm-er 
of state shall accept from the county treasurers certificates of deposit issued 
by any authorized depository of any county in the state in payment of any 
settlement due the state on account of the common school fund, common 
school tuition fund and aU other funds levied for school purposes for which 
settlement is required with the treasurer of state, collected by any such 
county treasurer to an amount approximately equal to the sum of money 
to be returned to any such county by the state on account of the common 
school distribution, which certificate of deposit shall be returned to the county 
in the settlement of any amount due such coimty on account of such distri- 
bution. (§540, as amended 1909, p. 324.) 

909. Monthly Statement by Depositories — Checks. 20. Each 
depository in this state having public funds on deposit shall furnish to the 
board of finance, under which it operates, on the first day of each month, 
an itemized statement of the public funds in such depository, which statement 
shall be filed and carefully preserved in the office of the secretary of said board 
of finance, and all sums of interest accruing on the funds deposited as afore- 
said shall be credited to the deposit accounts by said depository on the first 
day of each month for the preceding month, and the auditor of state, and each 
county auditor, shall charge the treasurers respectively with the amount of 
such interest and credit the same to the state or county. The city or town 
board of finance, school city or school town board of finance, and the town- 
ship board of finance, shaU make such settlements concerning interest 
accruing on public deposits with their treasurers and trustees under such rules 
and regulations as they may adopt: Provided, That all checks drawn upon 
depositories shall be signed by officers authorized to sign the same in their 
official capacity: Provided, further, That all funds paid out of the state 
treasury shall be by cheek of the state treasurer upon the warrant of the 
auditor of state. (§7541.) 

910. Published Reports — Auditor's Powers. 22. Every national 
banking corporation designated as a depository under the provisions of this 
act having public funds on deposit as such, is hereby required to submit 
to the state bank examiner for examination, and to submit any published 
report or reports made to the comptroller of the currency relating to the finan- 
cial condition of such association. The auditor of state may caU for reports 
from any depository designated as such by any such board of finance whenever 
in 'his judgment the same is necessary in order to obtain full and complete 
knowledge of the condition of the public funds therein deposited. (§7543.) 



344 SCHOOL LAWS OF INDIANA 

911. Selection Without Advertising — Outside of County. 23. 

That in counties where only bank or trust company is located, the board 
of finance shall designate such bank or trust company a depository -ndthout 
advertising: Provided, Such bank or trust company agrees to pay interest 
at the rates as provided for in this act, and give seciu:ity as herein pro^aded: 
Provided further, That in counties where there is no bank or trust co" pany, 
or where no bank or trust company offers to accept public funds on deposit 
and comply mth the requirements of this, act, the board may designate some 
bank, banks or trust companies outside of such county, and within the state, 
as such depository or depositories. (§7544.) 

912. Daily Deposits — Embezzlement — Penalties. 24. All public 
funds paid into the treasury of the state, counties, cities and towns and school 
cities and school towns shaU be deposited daily in one or more designated 
depositories in the name of the state, county, municipality, or school cor- 
poration by the officer having control thereof, except that the public funds 
collected by the secretary of state, auditor of state, attorney-general, clerk 
of the supreme court, chief oil inspector, commissioner of fisheries and game, 
or any state officer or board having an office in the state capitol building 
other than the treasiu-er of state, shall be deposited mth the treasurer of 
state; all such state funds to be deposited on the day following the collection 
thereof, and the funds collected by the township trustee to be deposited in 
the public depository provided therefor, on or before the first and fifteenth 
days of each month: Provided, That all taxes collected by the county 
treasurer shall be deposited as one fund in the several depositories selected 
for the deposit of county funds, and except as hereinafter provided, shall so 
remain until the same is distributed at the following semi-annual distribution 
made by the county auditor. And no such officer shall draw any check upon 
any such depository for any purpose except for the payment of a warrant 
drawn by the auditor of state, or warrant or order drawn by the county 
auditor, or the proper officer of a city town, school city or school town, or 
in payment of a legal claim against a township, and if any such officer or 
person mentioned herein shall fail so to deposit such funds, or shall deposit 
the same in any manner except in accordance with the provisions of this act, 
or shall draw any check against such funds except as provided for in this act, 
he shall be deemed guilty of embezzlement of public funds and upon con- 
viction shaU be imprisoned in the state's prison not less than one year nor 
more than twenty years, and fined in any sum not to exceed one thousand 
($1,000) dollars, and may be removed from office under the proceedings au- 
thorized by law, and shall be liable upon his official bond for any loss or dam- 
age which may accrue: Provided, further, That if any public official charged 
with any other duty under this act shall knowingly fail to discharge and per- 
form the same, he shall violate any of the provisions of this act, he shaU 
upon conviction thereof be fined in any sum not less than $50.00 nor more 
than $1,000.00, and to it may be added imprisonment in the county jail 
for any period not less than thirty days nor more than six months: Provided, 
however. That every county treasiirer who, by virtue of his office, shall be the 
collector of taxes for any city, town, school city or school town, within his 
county, shall on the first day of each calendar month, make an estimate of 
such taxes so collected by him for each such city, town, school city or school 



SCHOOL LAWS OF INDIANA 345 

town, respectively, during the preceding month and certify the respective 
amounts to the auditor of such county, and the auditor of such county shall 
thereupon draw his warrants upon such county treasurer in favor of such city, 
town, school city or school town for the respective sums so certified which 
warrants shaU be delivered by such auditor to such respective cities, towns, 
school cities or school towns through the city controller, if any, and if not 
then to the city or town clerk, and upon the presentation of such warrants 
to the county treasurer he shall promptly pay the same to the treasurer of 
such city, town, school city or school town, which respective sums shall be 
immediately available for the use of such city, town, school city or school 
town pending a fuU settlement with the county auditor at the time of his 
next regular semi-annual distribution of funds and for the purpose of such 
monthly certification by the county treasurer and the drawing and delivery 
of such warrants by the county auditor and the immediate use of the amounts 
so certified; all moneys collected by the county treasurer for the benefit of 
a teachers' pension fund shall be deemed moneys collected by him for such 
school city or school town within the meaning of this proviso. All warrants 
and orders for the payment of public money, excepting state and township 
funds, shall be drawn by the proper officer upon the proper treasurer, and to 
each warrant and order when drawn may be attached a readily detachable 
slip showing the number, date and amount, name of the payeee, the purpose, 
the fund upon which it is drawn, and the name and office of the drawer; 
suehwarrants and orders shall be presented to the proper treasurer who shall 
detach and retain the slip, and stamp upon the warrant or order the name 
of the depository by which such warrant or order is payable, and countersign 
the same, and no warrant or order shall be effective until so stamped and c-oun- 
tersigned: Provided, however, That the said treasurer when any warrant or 
order shall be presented for stamping and countersigning may, after stamping 
and countersigning the same, or convenience of the persons presenting the 
same, pay the amount thereof to such holder presenting the same and take 
an assignment by endorsement of such warrant or order and deposit the same 
in the proper depository in lieu of the cash so paid out to the holder of such 
warrant or order. All township warrants shall be drawn, by the township 
trustee directly against a township depository. (§7545, as amended 1911, 
p. 616.) 

913. Ofl&cial Liability — Exemption. 25. When the public funds 
of the state, county, city, town, township, or school corporation are deposited 
by the officers having control thereof, as provided herein, such officer and his 
bondsmen shall be exempted from all liability thereon by reason of loss of 
any such funds from failure, bankruptcy, or any other act, of any such 
depository or depositories, to the extent of the funds in the hands of any 
such depository or depositories at the time of such failure or bankruptcy: 
Provided, This act shall be in effect and full force on and after December 
1st, 1907. (§7546.) 



346 



SCHOOL LAWS OF INDIANA 



CHAPTER XXXIV. 

Teachers' Institutes. 



Sec' 
915. 



916. 



Township institutes -^Attendance 

— Wages. 
Scliools in session on Saturdays — 

Wages. 



Sec. 

917. Teacliers' institutes — Expenses. 

918. Schools closed. 

919. Sessions. 



[Acts 1917, p. 90. Approved February 28, 1917.] 

915. Township Institutes — Attendance — Wages. 1. That at least 
one (1) Saturday in each, month during which the public school may be in 
progress, shall be devoted to toAvnship institutes or model schools for the 
improvement of teachers ; and two (2) Saturdays may be appropriated at the 
discretion of the township trustee of any township. Such institute shall be 
presided over by a teacher or other person designated by the township trustee 
of the township. The township trustee shall specify in a written contract 
with each teacher, that such teacher shall attend the full session of each in- 
stitute contemplated herein, and for each day's attendance at such institute 
each teacher shall receive the same wages as for one day's teaching: Pro- 
vided, That no teacher shall receive such wages unless he or she shall attend 
a full session of such institute and perform the duty or duties assigned: 
Provided, further. That such Saturday teachers' institutes may be held in the 
school cities and school towns at the discretion of the boards of education 
and superintendent of school of the school cities and school towns under all 
conditions set out above for township teacher's institute. 

916. Schools in Session on Saturdays — Wages. 2. That it shall be 
laMd^ul for the school board of any city which maintains its school in session on 
Saturdays in addition to the other school days of the week to pay the wages 
of the teachers thereof for such Saturdays. 

1. A trustee failing to comply with the above is subject to prosecution and removal 
from ofBce. 

2. Teachers Must Take Part. The object of this institute is the improve- 
ment of the teachers of the township. It seems to me that all the powers necessary to 
carry out this object are by common law conferred upon the persons managing the 
institute. The object of the institute will utterly fail unless the teachers attending 
take part in the exercises. I think, therefore, the contract wliich the trustee makes 
with the teachers, in relation to township institutes, necessarily requires the teachers 
to perform siich reasonable exercises and duties as may be assigned to them. Indeed, 
the statute provides that the trustee may designate one of the teachers to preside over 
the township institute. I am of the opinion that the mere presence of a teacher at a 
township institute does not fill the requirements of the law. 

License may be Revoked for Failure to Attend Institute. Teachers are 
required to attend township institutes, and for neglect thereof their licenses may be 
revoked.— Stone. V. Fritts, 169 Ind. 361. 

[Acts 1907, p. 76. Approved February 25, 1907]. 

917. Teachers' Institutes — Expenses. 1. There shall be held in each 
county in Indiana, in each year, for five successive days, a teachers' institute. 



SCHOOL LAWS OF INDIANA 347 

and that for the purpose of defraying the expenses of such institute the county 
auditor shall annually draw his warrant in favor of the county superintendent 
on the county treasurer for $100.00. All laws and parts of laws in conflict here- 
with are hereby repealed. ( §6641 .) 

1. Superintendent's Duty and Pay. Such an institute as is contemplated by 
the law is not a voluntary association, but a teachers' meeting, at the head of which 
is the county superintendent. He, therefore, has no right to surrender it into the hands 
of an incompetent director, nor to permit a course of procedure by any one, or by the 
institute itself, by which time shall be wasted or unsatisfactory work done. The 
teachers are there to be instructed, and the superintendent must necessarily take the 
responsibiUty of the institute upon himself. The money which the auditor is authorized 
to pay is to defray the expenses of the institute exclusive of the per diem of the super- 
intendent, whose compensation must be obtained in the usual way. He is also entitled 
to Ills per diem for reasonable services in making preparations for the institute. 

918. Schools Closed. 160. When any such institute is in session, the 
common schools of the county in which said institute shaU he held shall be 
closed. (§6639.) 

919. Sessions. 161. The several county superintendents are hereby 
required, as a part of their duty, to hold, or cause to be held, such teachers' 
institutes at least once in each year in their respective counties. ( §6640.) 

Suggested forms : 

PETITION TO CHANGE SITE OF SCHOOLHOUSE. 

State of Indiana 



>ss 
County of 

Superintendent of Schools for said county : 

The undersigned, who are residents of School District No of 

Township of said County and patrons of the school 

heretofore and hitherto held in the school house of said School District No .... 

herein petition and ask that the said school house now located in 

in said County be removed to and 

located upon a site 

in said County, and, if it be found necessary to build a new school house in 
the said district, that it be located upon the new site as described above. 

As reasons for the change of site of this schoolhouse in the said District 
No we would respectfully state that 



We therefore ask that an order be made authorizing the school trustee of 
said township to make the change herein proposed and as above described 
as we wUl ever pray. 



Township Trustee. 
Patrons. 



348 SCHOOL LAWS OF INDIANA 

AFFIDAVIT OF TRUSTEE CONCERNING CONTENTS OF PETITION 
TO CHANGE SITE OF SCHOOLHOUSE. 

State of Indiana ^^ . 

County 

of lawful age, being duly 

sworn, on his oath states that he is now the duly and legally qualified and 

acting trustee of 

Township in said County and ex-offieio the trustee of the school township of 
the said Township; that he is famil- 
iar with the enumeration of the children of school age that reside within the 

limits of the present School District No ( . . ) of said township and 

all the patrons of the school in said district, and he states that the attached 
and foregoing petition for the change in the location of the school house in 
said district is signed by a majority of the said patrons of said school which 
has hitherto been held at the location described in the petition and the several 
signatures thereto are all genuine, and the said petition is the prayer and re- 
quest of a majority of said patrons, and further saith not. 



Township Trustee. 

Subscribed and sworn to before me this. day of 

A. D. 19.... 



Notary Public. 
My commission expires 



PUBLIC NOTICE OF HEARING. 

Notice is hereby given that a petition has been filed with the County 

Superintendent of the Pubhc Schools of 

County, State of Indiana, praying that the present site of the schoolhouse in 

District No ( • • ) of Township be 

changed to a site on in said township, 

county, and said petition wiU be presented to said 

County Superintendent at his office on , 191 . . . , 

at 



Trustee of Township County. 

e 



f SCHOOL LAWS OF INDIANA 349 

AFFIDAVIT OF TRUSTEE CONCERNING POSTING OF NOTICES. 
State of Indiana 



County 

, upon his oath, says that he posted 

up the above notice in writing at five public places within 

Township, of said county, three of which were in the immediate neighborhood 
from where said school house is to be moved, at least twenty days prior to 
the time when the same i-^ to be heard by said County Superintendent. 

Trustee of Township. 

Subscribed and sworn to before me, the undersigned, a Notary Pubhc, 
the day of ,191 

Notary Public. 
My commission expires 



ORDER OF COUNTY SUPERINTENDENT FOR CHANGING SITE 
OF SCHOOLHOUSE. 

State of Indiana 

County 

To Township Trustee of Township, 

County, State of Indiana : 

Whereas, On , 19 , a petition was filed in thife 

office asking that the schooDaouse in District No .... of 

Township be removed to and located upon the following site : 



And, Whereas, After hearing evidence in the above cause at my office on 

, 19 . . . . , at the hour of , 

I find that said petition is in proper form, that legal noti:e has been given, 

that a majority of the patrons of the above named School District No 

of Township 

County, State of Indiana, have signed said petition, together with the trustee 

of said Township, and I further find 

that all the matters set forth in the said petition are true. Now, therefore, 

it is ordered and the trustee of said Township is 

hereby instructed to remove said school house from its present site to the loca- 
tion described above; or, if it be found necessary to erect a new school house, 
he is hereby instructed to cause the same to be erected upon the proposed new 
location as described above. 

Witness my hand and the seal of this office this day of 

,19.... 



Countv Superintendent of School for County. 



350 



SCHOOL LAWS OF INDIANA 



CHAPTER XXXV. 

Teachers' Pensions. 



A. State Wide Law. 

Sec. 

920. Teachers' pensions — Fund created. 

921. Fund consists of. 

922. Board of trustees — Control. 

923. Organization of board. 

924. State divided — Units. 

925. Units petition. 

926. Acceptance of act. 

927. State institutions — Educational — 

Acceptance of act. 

928. Duties of trustees. 

929. Fund in control of board. 

930. State treasurer — Custodian of 

funds. 
93 ] . Applications for pension. 

932. Teachers assessed. 

933. Payment cf arrearages. 

934. Record of units and teachers. 

935. Investment of funds — Cash on 

hand. 

936. Amount of pensions. 

937. Computing years of service. 

938. Attachment — Pensions exempt. 

939. Teachers eligible to pension. 

940. Pensions withdrawn. 

94 1 . Subsequent applications. 

B. Indianapolis Law. 

942. Teachers' pension fund — Trustees. 

943. Officers — Duties. 

944. Teachers — pension fund — Control 

— Assessment — Levy. 

945. Investment of funds. 

946. Sinking fund. 

947. Fixing pensions. 

948. Years of service — How computed. 

949. Pensioners — Re-examination. 

950. Service pension. 



Sec. 

951. Computing time. 

952. Trustees — By-laws. 

953. Payments — When refunded in part. 

954. Deficiency — Pro rata payments. 

955. Place of payment. 

956. Pensions exempt from seizure. 

957. Cancellation of pension. 

958. Teacher defined. 

C. Terre Haute Law. 

959. Teachers' pension fund — Terre 

Haute — Board of commissioners. 

960. Duties of board and officers. 

961. Pension fund — How controlled. 

962. Funds — How invested. 

963. Sinking fund. 

964. Pensions — How classified. 

965. Time of service — How computed. 

966. Services before passage of act. 

967. By-laws for management. 

968. Pensions exempt from levy. 

969. Teacher defined. 

D. Cities from 20,000 to 100,000 pop- 
ulation. 

970. Teachers' pensions — Cities 20,000 

to 100,000 — Board. 

971. Officers of board — Duties. 

972. Rules and regulations. 

973. Fund invested. 

974. Sinking fund. 

975. Annual pensions. 

976. Years of service — How computed. 

977. Definition. 

978. Election of commissioners — By- 

laws. 

979. Pensions exempt from attachment. 

980. Definition of "Teacher." 



A. State Wjde Law. 

[Acts 1915, p. 658.] 

920. Teachers' Pension — Fund Created. 1. That there shall be 
and is hereby created, a fund to be known and designated as the Indiana 
state teachers' retirement fund, to be used and applied in the payment of 
annuities to persons engaged in teaching or in the supervision of teaching in 
the public schools of the state after stated periods of service, or for such other 
causes and under such conditions as are hereinafter set forth. 



921. Fund Consists of. 

fund shall consist of: 



2. The Indiana state teachers' retirement 



SCHOOL LAWS OF INDIANA 351 

1st. A permanent fund. 

Said permanent fund shall be made up of: (a) All gifts, grants, devises, 
and bequests in money, property or other form, which the board of trustees 
of said f'.md may be authorized and empowered to receive; (b) aU other 
money or property which may from any other source become a part of this 
fund, and no part of said permanent fund shall be expended, ex'^ept the in- 
terest and income tliereon and therefrom. 

2nd. A current fund. 

Said current fund shall be made up : (a) All interest on investments or 
deposits of permanent or current funds. (b) Assessments on teachers' 
salaries as hereinafter provided, (c) Semi-annual apportionments, imder 
conditions named in this act, from the proceeds derived from the state school 
tuition tax, of s.ici'- additional amounts as are suffixiient to meet all. anniii ties, 
benefits and other expenses provided for under this act, in excess of fimds 
derived from the two above named sources. 

922. Board of Trustees — Control. 3. The control and management 
of the Indiana state teachers' retirement fund shall be vested in a board of 
trustees to be known and designated as the board of trustees of the Indiana 
state teachers' retirement fund. 

Said board shaU be composed of five members designated and appointed 
as foUows: The state superintendent of public instruction, the auditor of 
state, and the attorney-general of the state, who shall each be ex-officio a 
member of said board. The remaining two members shall be appointed by 
the Governor of the state, shall be from different counties of the state, shall 
be persons engaged in teaching or in the supervision of teaching, and, except 
in eases of first appointments in June, 1915, shall be persons who have come 
under the provisions of this act. 

Appointments of trustees by the Governor shall be made between the 1st 
and 15th days of June, the first appointments to be made in June, 1915. 
The terms of office of trustees so appointed shall begin on the first day of 
August following their appointment, and, except in case of the first appoint- 
ments, shall be for three years from and after that date. In making the first 
appointments, the Governor shall appoint one member for two years and one 
for three years. Vacancies in the board of trustees oaused by the death or 
resignation of appointive members shall be filled by the Governor for the un- 
expired terms. AU members shall serve until their successors are appointed 
and have qualified. 

923. Organization of Board. 4. Said board of trustees shall meet for 
the first time on the first Monday in August, 1915, in the office of the state 
superintendent of public instruction. The state superintendent of public 
instruction shaU notify members of said meeting and act as temporary 
chairman thereof. 

' Said board of trustees of the Indiana state teachers' retirement fund shall 
organize by election from its members a president, a vice-president, and a 
secretary, who shall constitute the officers of the said board and each of whom 
shall serve for a period of one year, or until his or her successor is regularly 
elected and qualified. It shaU also be within the province of said board to 



352 SCHOOL LAWS OF INDIANA 

employ assistant secretaries or clerks from outside its membership if the 
clerical work of the board should make such action necessary. 

Annually thereafter on the first Monday in August each year, the board 
shall meet and organize by the election of officers as above. Special meetings 
may be held upon the call of the president or upon the signed call of any 
three members of the board. 

A majority of the board shall (Constitute a quorum at any meeting for the 
purpose of transacting business. 

924. State Divided — Units. 5. For the purpose of the administration 
of this act the state shall be divided into units as follows: Each city with a 
population of 5,000 or more according to the last preceding United St^ates 
census shall constitute a unit, each county of the state shall constitute a unit 
and each public state normal school of the state supported by public money 
and devoted to the preparation of teachers, shall i'onstitute a unit or any 
other public state educational institution of this state provided for under this 
act supported wholly by pubhc money and whose teachers devote their entire 
time to teaching, shall constitute a unit, for the admistration of this act. 
Each city or town of the state with a populafon of less than 5,000 according 
to the last preceding United States census, shall be considered as a part of the 
county unit in which it is located and each city having a population of 5,000 
or more shall be considered as a unit separate from the county in which it is 
located. 

925. Units Petition. 6. Any one of the above described units shall 
come under the provisions of this act whenever a majority of the teachers 
regularly employed in the public schools of said unit, together with a majority 
of the school officials of said unit, shall petition therefor to the board of 
trustees of the Indiana state teachers' retirement fund. Such petition must 
be accompanied by the applications regularfy filled out of all teachers so 
petitioning to become beneficiaries under this act. Provided, however, That 
presidents of boards of school trustees of cities having a population of 5,000 
or more shall not be included in a petition from the school officials of the county 
unit in which such city is located. 

926. Acceptance of Act. 7. Any school corporation of the state 
(hereinafter called a unit) which at the time of the passage of this a:-t has, in 
pursuance of any statute of this state, a teachers' pension or annuity system, 
may, if stich unit so elects, come under the operation of this statute. For that 
purpose such unit shall present to the board of trustees of the Indiana state 
teachers' retirement fund (hereinafter in this section called the board) a 
petition to be admitted, which petition shall be signed by a majority of the 
ten active teachers regularly employed by such unit and who are then con- 
tributors to the local pension fund, and concurred in by the school trustees 
or the other governing body of the school corporation of such unit, and a 
majority of the board of commissioners of the teachers' retirement fund, if 
any, of said unit, as expressed in formal corporate action, and shall concur- 
rently pay, transfer, make over and assign to the board all moneys, credits 
and other property belonging to the local unit's pension or retirement depart- 
ment, including, when collected, the proceeds of any tax theretofore levied 
for the benefit of such local pension department. If the value of the moneys 



SCHOOL LAWS OF INDIANA 353 

and property so transferred, exclusive of such then levied but uncollected 
taxes, shall not aggregate a sum as great as the aggregate of all payments up 
to that time made to the local pension fund by the teachers of such unit still 
at that time regularly employed in its schools, then, at the time of making 
such transfer of funds, the unit shall supplement such value by the sum 
necessary to make up such deficit. Such unit shall, at the same time, deliver 
to the board its records concerning its teachers who are under the operation 
of its local pension fund, and also the applications o" such teachers for mem- 
bership under such local fund, and shall at the same time deliver an applica- 
tion from each such petitioning teacher to become entitled to the benefits of 
the provisions of this statute and of the Indiana state teacher's retirement fund 
and by any others of the unit who desire to apply. Teachers whose records 
are so transferred shall then be given credit under this act for years of service 
equal to that to which they were entitled because of assessments paid under 
the local pension or annuity act from which their records were transferred. 
The unit shall at the same time furnish to the board of trustees the names, 
addresses and records of all persons at the time entitled to receive and receiv- 
ing annuities from its local pension fund. The annuities under the Indiana 
state teacher's retirement act of all teachers already receiving or entitled to 
receive annuities or benefits under the pension or annuity system so trans- 
ferring them shall be and remain the same as such teachers were receiving or 
would have received under the pension or annuity system from which they 
were transferred. If any part of the moneys or property of the local pension 
fund so transferred shall at the time of transfer, and in pursuance of law, be a 
"permanent fund" the same shall, after transfer, remain a part of the per- 
manent fund in the hands of the board, the income only of which shall be 
appHed, agreeably to the provision of this statute, to the use and benefit of 
such unit only. As soon as the unit shall have complied with the provision 
of this section, the title to the local pension fund property and assets of such 
unit shall, ipso facto, by operation of law, pass to and vest in the board, and 
thereafter said unit shaU take no step in conducting its local pension fund 
except such as may be necessary to coUect and pay over to the board any tax 
theretofore levied but not fuUy collected. Provided, That nothing in this sec- 
tion shall be construed as impairing or interfering with any retirement system 
now operative in this state. 

927. State Institutions — Educational — Acceptance of Act. 8. 

Whenever a majority of the board of trustees and a majority of the teachers 
of any public state normal school of this state, supported by public money 
and devoted to the preparation of teachers, or of any other public state educa- 
tional institution of this state provided for under this act supported wholly 
by pubUc money and whose teachers devote their entire time to teaching, 
shall petition the board of trustees of the Indiana state teachers' retirement 
fund to come under the provisions of this act, the said board may grant such 
petition, provided the petition is accompanied by the regular applications of 
the teachers so petitioning to accept the provisions of this act, and meet all 
the conditions of this act. Each such school shaU then constitute a separate 
unit for the administration of this act. It shall then be the duty of the trustees 
of said school to pay to the board of trustees of the Indiana state teachers' 
retirement fund, semi-annually, on the first Monday in January and the 
first Monday in Jidy of each year, a sum equal to one half the sum certified 

8654—23 



354 SCHOOL LAWS or INDIANA 

by said board of trustees of tbe Indiana state teachers' retirement fund as 
necessary to meet the annuities and other expenses under this act, of that 
particular unit for the current year over and above the amounts received from 
assessments of teachers in that particular unit and from other sources as set 
forth in this act. Said amounts to be paid shall be taken from any funds 
coming in to the hand of said board of trustees of said state school for the 
payment of teachers for instruction in said school. 

928. Duties of Trustees. 9. The president of the board of trustees of 
the Indiana state teacher's retirement fund shall preside at the meetings of 
the board and perform all other duties required under this act and those 
usual to such office. The vice-president shall perform all duties of the presi- 
dent in his absence. It shall be the duty of the secretary to keep a true and 
accurate account of the proceedings of said board of trustees. And to have 
the custody and care of all books and papers pertaining to and connected with 
the administration of this act and for the care of which other provisions are 
not made in this act. 

Said board of trustees of the Indiana state teachers' retirement fund shall 
have full power to adopt and enforce all necessary by-laws and regulations 
for the government and administration of this act not inconsistent with the 
same. Said board may sue and may be sued under the name and style of the 
board of trustees of the Indiana state teachers' retirement fund, shall have 
the authority to summon and examine witnesses in the adjustment of claims: 
shall have power to meet any emergencies which may arise in the adminis- 
tration of its trust; and shall have discretionary power in determining all 
matters pertaining to its trust not specifically provided for in this act. 

Members of said board shall serve without pay, except that aU traveling 
and aU other necessary expenses incurred by them in attending meetings 
and performing other necessary duties of their office, together with necessary 
clerical assistance and other expenses incurred by the board in the adminis- 
tration of this act shall be paid, upon proper order, from current fund, and 
such expense shall be pro-rated to the several units operating under this 
act, on the basis of the actual number of teachers having come under the 
provisions of this act and who are paying assessments in accordance herewith 
in such units. 

929. Fund in Control of Board. 10. The board of trustees of the 
Indiana state teachers' retirement fund shall have charge of and administer 
the said retirement fund. Said board of trustees shall have charge of all 
property belonging to said fund and may take by gift, grant, devise, or 
bequest, any money or property coming into said fund, and any such gift, 
grant, devise, or bequest may be absolute, or upon condition that only rent, 
profits, or income arising from the same shall be applied to the uses and pur- 
poses of said fund. 

Such board of trustees shall be authorized to take such a gift, grant, devise, 
or bequest, under and by the style of the board of trustees of the Indiana 
state teachers' retu'ement fund, and to hold the same, and unless otherwise 
provided by the condition of the trust, assign, transfer, or sell the same, 
whenever proper and necessary for the benefit of the retirement fund. The 
board shall receive and receipt for all such gifts, grants, devises, bequest, 



SCHOOL LAWS OF INDIANA 355 

and all other funds belonging to or coming into the permanent fund, judi- 
ciously invest the same and promptly turn over all receipts therefrom to the 
regularly constituted custodian thereof. 

The board shall also receive and receipt for all moneys coming into the 
current fund, turn the same over to the custodian thereof and direct their 
disbursement, no payments being allowed therefrom except upon the express 
written ordei of the board officially signed by its president and secretary. 

The board shall report annually the condition of the funds in its charge, 
the names of the several units of the state that have accepted the provisions 
of this act, and an itemized statement of the receipts and expenditures on 
account of the fund for each unit accepting the provisions of this act; a list 
of the beneficiaries of the current fund; an estimate of amounts required for 
annuities, benefits and other expenses for the following year, and the approxi- 
mate amounts required to be apportioned to the different units from the 
proceeds of the tax for the state school tuition fund to meet necessary ex- 
penses over and above receipts from the other sources named. Said report 
shall be submitted to the Governor on or before the 15th day of August of 
each year. Said report may also be printed and distributed to all persons 
entitled to an interest in said funds and who are in any way bound by the 
provisions of this act. 

930. State Treasurer — Custodian of Funds. 11. The treasurer of 
the State of Indiana shall be the custodian of all moneys, papers, and se- 
curities belonging to or being a part of either the permanent or current funds 
of the Indiana state teachers' retirement fund. He shall deposit, take care of, 
and report such funds in accordance with the provisions of this act and of the 
Indiana state depository law, and shall pay the same only upon the order 
of the board of trustees of the Indiana state teachers' retirement fund, prop- 
erly signed by the president and secretary thereof. 

All interest accruing on funds of any kind belonging to said fund shall 
go into the current retirement fund. 

It is hereby expressly provided that no annuity or benefit of any kind author- 
ized by this act shall be due or be paid prior to January 1st, 1917. 

931. Applications for Pension. 12. The board of trustees of the 
Indiana state teachers' retirement fund shall receive and pass upon all applic- 
cations for annuities or benefits under this act. It shall have power to sum- 
mon witnesses, order medical examinations, select or approve physicians 
for such examinations, and conduct all reasonable investigations to enable 
it to determine intelligently the justice of any claim submitted. 

932. Teacher's Assessed. 13. Every teacher coming under the pro- 
visions of this act shall be assessed upon his or her salary for the school year 
in which such assessment is made as follows: For the first fifteen years of 
teaching service, $10.00 per year; for the next ten years of teaching service, 
$20.00 per year; for the next ten years of teaching service, $25.00 per year; 
for the remaining years of teaching service up to and including the fortieth 
year of such service, $20.00 per year. Provided, That should a teacher coming 
under the provisions of this act teach longer than forty years, no assessment 
shall be collected from such teacher for time taught beyond the period of 
forty years. 



356 SCHOOL LAWS OF INDIANA 

All assessments upon teachers' salaries provided for in this act shall be 
paid in equal instalments corresponding to the second, fourth and sixth 
months of the school year in which the salaries upon which smh assessments 
are made are paid. 

From and after August 1, 1915, it shall be the duty of the board of triiStees 
of the Indiana state teachers' retirement fxmd to report semi-annr:ally to each 
official charged with the payment of salaries to teachers in each imit in the 
state that has elected to come under the provisions of this act, the name of 
each teacher under this act receiving payment from such paying official. 
Said notification shall be given on or before the first day of October and the 
fiirst day of February of each year. 

It shall then be the duty of such paying official, at the time of rayment of 
salaries to such teachers for the second, fourth and sixth school months of 
each school year, to deduct from the salaries of each of the teachers whose 
names have been so reported, an amount equal to one-third of the total 
amount due from said tea:^her for the entire school year as assessments under 
this act, and said paying official shall between the first and fifteenth days 
of January and June of each year, pay over to the board of trustees of the 
Indiana state teachers' retirement fimd all money, that has come into his 
hands from assessments on teachers' salaries as provided for in this act. 
Whatever credits may be due any teacher because of assessments paid nnder 
this act shall be 'credited to the unit under this act in which he or she is work- 
ing. 

933. Payment of Arrearages. 14. Teachers coming under the pro- 
visions of this act shall be required to pay arrearages at the above rates, for 
such time of service, from one (1) to forty (40) years in-lusive, as they are 
authorized to have eeognized under the provisions of this act. Provided, 
that anji^ teacher entitled under the provisions of this act to credit for one or 
more years of teaching service at the time- when he or she elects to accept 
the provisions of this act, may waive his or her right to such credit and pay 
only current rates from the time when the membership begins, and receive 
no credit for previous service. Such arrearage may be paid in cash during 
the fu'st year, or may be paid in five equal annual instalments with interest 
at the rate of five per cent per annum, payable annually, upon tiie deferred 
instalments. In ease tiie latter option is taken, interest upon the deferred 
instalments shall commence at the end of the first year after electing to ac- 
cept the provisions of this act, provided, further, That in case any teacher is 
retired before he or she has paid in assessment a sum equal to one-half of the 
maximum annuity to which he or she would be entitled, than and in that 
case there shall be deducted from the annuity to be paid to such retired teach- 
er during the first year, such sum as will make the total amount paid by such 
teacher one-half of the maximum annuity to which he or she is entitled, and 
the remainder of fees or arrearages due or to be paid by such retired teacher 
shall be payable in instalments as hereinbefore set forth. 

934. Record of Units and Teachers. 15. The board of trustees of 
the Indiana state teachers' retirement fund shall keep an accurate record 
of all units of the state that have accepted and are working under the pro- 
visions of this act; the number and names of all teachers in each who have 



SCHOOL LAWS OF INDIANA 357 

met the conditions of becoming beneficiaries under tbe same; the amount of 
assessments paid by each teacher, together with the total amount paid from 
each unit; the number of teachers receiving or entitled to receive annuities, 
or benefits of any kind from the Indiana state teachers' retirement fund, 
together with the amounts due or to become due to each unit and the total 
amount due as annuities from each unit. Said board of trustees shall then 
apportion to the several units accepting and working under this act all current 
funds in its hands outside of funds collected as assessments from teachers 
and over and above amounts necessary for actual running expenses as pro- 
vided in this act, said apportionment being based upon the actual number of 
teachers having come under the provisions of this act and who are paying 
assessments in accordance therewith. 

The board shall then certify to the state superintendent of public in- 
struction the amount required by each unit, over and above the amounts 
credited to it from assessments paid by its teachers and the amount appor- 
tioned to it from the other cuiTent funds under this act, to meet the demand 
under this act upon that particular unit for. the following fiscal year. It 
shall then be the duty of the state superintendent of public instruction, when 
making his semi-annual apportionments of the proceeds derived from the 
state school tuition tax in January and in June of each year, to withhold from 
each unit so certified by the board of trustees of the Indiana state teachers' 
retirement fund a sum equal to one-half the amount certified as necessary 
to meet the demands of that unit, under this act, over and above the proceeds 
derived by said unit from other sources named in this act. The state super- 
intendent of public instruction shaU -certify the amount so withheld to the 
county auditor of the county in which said unit is located and shall at once 
turn said amount over to the trustees of the state teacher's retirement fund. 

Provided, That for such state normal schools and other public state educa- 
tional institutions of this state included under this act,- as do not receive 
their public money through the county auditor and which come under the 
provisions of this act, the board of trustees of the Indiana state teachers' 
retirement fund shall send the required notices to the state auditor instead 
of to the state superintendent of public instruction. The state auditor shall 
•then withhold, from any money to which such schools may be entitled for 
the payment of teachers' salaries, the amounts shown by said notices to be 
required in addition to the assessments on teachers' salaries in such schools 
to meet the requirements of teachers' annuities under this act, and semi- 
annually between the first and fifteenth days of January and June of each 
year the state auditor shall pay to said trustees of the Indiana state teachers' 
retirement fund all moneys so withheld by him to date under provisions of 
this act. 

935. Investment of Funds — Cash on Hand. 16. The board of trus- 
tees of the Indiana state teachers' retirement fimd shall determine what part 
of said fund may be safely invested and how much shall be retained for the 
immediate needs, demands and exigencies of said fund. Such investments 
shall be made: (1) In interest-bearing bonds of the United States; or of the 
State of Indiana, or in any bond lawfully issued by state or county, township, 
eity, or other municipal corporations within the United States; (2) loans 



358 SCHOOL LAWS OF INDIANA 

secured by first mortgage upon improved real estate, which loans shall not 
be in excess of fifty per cent, of the appraised value of such real estate. All 
bonds, mortgages, and other securities shall be deposited with and remain 
in the custody of the custodian of said fund, who shall collect all interest 
due thereon and all income therefrom as the same shall become due and 
payable, and deposit same to the credit of, the current fund of the Indiana 
state teachers' retirement fund. 

936. Amount of Pensions. 17. Said Indiana state teachers' retire- 
ment fund shall be used and devoted in the manner and for the purposes as 
follows : Any person coming under the provisions of this ar-t who shall have 
rendered thirty-five years or more of teaching service in the public schools, 
twelve of which may have been in public schools, outside of the state, who 
ceases to be in the employ of the pubhc schools of the state from any cause, 
shall be entitled to an annuity in accordance with the following schedule : 



For 35 years of service 

For 36 years of service 620 

For 37 years of service 640 

For 38 years of service 660 

For 39 years of service 680 

For 40 years of service 700 

Provided, That any teacher in the service of the pubhc schools of the 
state may be temporarily or permanently retired for disabiUty on an annuity 
in accordance with the schedule in this act after he or she shall have served 
as such teacher as per the conditions of this act for a period of twenty-five 
years or more; and Provided further. That when a teacher is retired for any 
disability before he or she has met with the conditions for permanent retire- 
ment under this act, such retirement shall continue only until such disabiUty 
is reUeved or removed, and no further annuity or benefit shall be paid to such 
teacher after medical examination made on demand of the board of trustees 
of the Indiana state teachers' retirement fund and at the expense of said 
teacher shall establish that such disability is removed. No benefit for disa- 
bility shall be paid for less than one-half of a school year. 

The schedule according to which disabiUty benefits shaU be paid follows: 

For 25 years of service $350 

For 26 years of service 375 

For 27 years of service 400 

For 28 years of service 425 

For 29 years of service 450 

For 30 years of service 475 

For 31 years of service 500 

For 32 years of service 1 . 525 

For 33 years of service 550 

For 34 years of service 575 

Such annuities shall be paid upon the order of the board of trustees in four 
equal payments as follows: On January first, April first, July first and Octo- 
ber first, of each year. 



SCHOOL LAWS OF INDIANA 359 

In the event that any teacher coming under the provisions of this act for 
any reason leaves the services of the public schools of any unit of this state 
operating under this act, before said teacher is entitled to receive annuities 
under this act, such teacher shall be entitled to withdraw from the treasury 
of the Indiana state teachers' retirement fund, such a sum as wiU equal all 
payments made by such teacher into the treasury of this fund without 
interest. 

Provided, That any benefits which such teacher may have received for 
disability prior to the time of such Avithdrawal, shall be deducted from amount 
to be so withdrawn. 

Provided, further. That in the event that such a teacher subsequently 
returns to the employ of a school of a unit under this act, such tea.'her shall 
be required to pay to the fund of the unit in which such teacher is employed 
the amount so withdrawn with interest thereon, at the rate of five per cent, 
per annum from date of withdrawal, such sum to be paid within one year 
from the date of his or her return to service in the schools of the state. In the 
event of the death of any teacher coming under the provisions of this act, 
before such teacher has been retired upon an annuity, then and in that case 
the heirs or legatees of such deceased teacher shall be entitled to a sum out 
of said fund equal to the sum paid into said fund by such deceased teacher, 
without interest, and after dedrctions for whatever 'benefits have been paid 
such teacher have been made. 

937. Computing Years of Service. 18. In computing years of service, 
as provided in this act, the board of trustees may include service as public 
school teacher rendered outside of the state, not, however, in excess of twelve 
years, as a portion of such services necessary before any teacher shall be 
entitled to any of the benefits of this act. Provided, That nothing in this sec- 
tion shall affect the amount or amounts to be paid into such retirement fund 
by teachers before being entitled to an annuity. Any teacher may be given 
a leave of absence for study, professional improvement, or temporary disa- 
bility, not exceeding one year in seven, and shall be regarded as a teacher and 
entitled to the benefits of this act, Provided that during such absence he or 
she continues to pay into such fund the amount of assessment payable by 
such teacher as provided by this act. 

Credit shall be given under this act for all years of service rendered under 
its provisions before, as well as after, the taking effect of this act. And the 
full term or year of school in the corporation in which such service was ren- 
dered shall constitute a year of service under this act. 

938. Attachment — Pensions Exempt. 19. All the annuities granted 
and payable out of said state teachers' retirement fund shall be and are 
exempt from seizure or levy upon attachment, supplemental process, and all 
other process; and such annuities or any payment of the same shall not be 
subject to sale, assignment, or transfer by any beneficiary ; and any such sale 
assignment or transfer shall be absolutely void. 

939. Teachers Eligible to Pension. 20. The beneficiaries of this 
fund shall include any legally licensed and regularly employed teacher, 
teacher-clleirk, supervising principal, principal, supervisor, superintendent of 
schools, person in charge of teaching any special department of instruction 



360 SCHOOL LAWS OF INDIANA 

or training, or any other teacher or instructor legally licensed and regularly 
employed as such in any of the piiblic schools of this state; or in any public 
state normal school of the state, supported by public money, and devoted 
to the preparation of teachers; or the qualified and regularly employed 
teachers, principals, superintendent and others named above in any other 
public state educational institution of this state supported wholly by public 
money and whose teachers devote their entire time to teaching, provided, 
however, That no institution which is operating under any pension or annuity 
system not provided for by laws of the State of Indiana, may come under the 
provisions of this act. 

940. Pensions Withdrawn. 21. Whenever any person receiving any 
benefits from said fund shall be convicted of any felony or of any misde- 
meanor of which he or she shall be adjudged to be imprisoned; or shall fail 
to report for examination as required herein, unless excused by the board of 
trustees of the Indiana state teachers' retirement fund, or shall disobey the 
requirements of said board of tr'^stees in respect to said examinat on, then 
such board may order that the annuty allowed and paid to him or to her 
shall cease. 

941. Subsequent Applications. 22. Any teacher teaching in any 
imit of the state at the time such imit elects to come under the provisions 
of this act, who does not at that time make application as provided under this 
act, may make such application at any subsequent time, provided that with 
such application there is siibmitted full payment of all arrearages for time to 
which such teacher is entitled as credits under this act, together with five 
per cent, compound interest on same from the date at which such teacher 
had first opportunity to come under the provisions of this act. 

B. Indianapolis Law. 

[Acts 1907, p. 268. Approved March 9, 1907.] 

942. Teachers' Pension Fund — Trustees. 1. In every city in the 
State of Indiana having a population of 100,000 or more, according to the 
last preceding United States census, there shall be, and is hereby, created a 
teachers' pension fund, which shall be governed and managed by a board of 
trustees, to be composed of seven members, as follows: Three members of 
the board of school commissioners of such city, to be selected or appointed 
annually by such board, tlie superintendent of public schools, one principal and 
two teachers regularly eiliployed in the public schools of such city. Said 
principal and teachers shall be selected at a meeting of the public school 
teachers of such city on the third Saturday of March, 1907, in such manner 
and at such place or places as shall be determined and designated by the 
board of school commissioners of such city; and thereafter there shall be 
selected on the third Saturday of March of each year one principal and two 
teachers as members of such board of trustees. The trustees shall hold their 
offices until their successors shaU be selected or elected as above set forth. 
In the event of a vacancy upon said board occasioned by the death, resigna- 
tion or disabihty of either of said principal or teachers, then the p iblie school 
teachers of said Mty shall, witliin a reasonable time, upon the call of the presi- 
dent of said board of trustees, hold a special meeting and elect a successor 



SCHOOL LAWS OF INDIANA 361 

or successors. A majority of said trustees shall constitute a quorum for 
the transaction of business pertaining to said pension fund. Said trustees 
shaU receive no pay for their services as such, except the secretary and assis- 
tant treasurer, each of whom may be paid such sum for services as may be 
fixed by the board of trustees: Provided, however. That if any one shall act 
as such secretary or assistant treasurer who shall receive any of the benefits 
of said pension fund, as hereinafter provided, the amount of the salary so 
received by such secretary or assistant treasurer shall be deducted from the 
amount to which he or she would otherwise be entitled as a beneficiary under 
said fund. ( §6555a.) 

943. Officers — Duties. 2. Said board of trustees shall elec t from among- 
its number a president, vice-president and se'-retary. The president shall 
preside at the meetings of the board and perform all other duties usual to 
such office. The vice-president shall perform the duties of the president in 
his absenre. It shall be the duty of the secretary to keep a true and accurate 
account of the proceedings of such board o' trustees and of the teachers of 
such city, when acting upon matters mta relation to said fund, and to turn 
over to his or her successor all books and papers pertaining to such office. 
The secretary of the board of school commissioners of s ich city shall act as 
assistant treasurer, and it shall be his duty to keep a true and correct state- 
ment of the account of each member with said pension fund, to coUert and 
turn over to the treasurer of said board all moneys belonging to said fund, 
and to render to the board a monthly account of his doings. He shall furnish 
bond in such amount as shall be determined and required by said board of 
trustees, and the board of school commissioners of such city shall allow him 
such compensation for his services as it may deem proper. The treasurer of 
such city shall be ex officio the treasurer of said board of trustees, and he shall 
receive and hold all moneys belonging to such teachers' pension fimd; he shall 
have the custody of all notes, bonds and other secutities belonging to said 
iund, and shall collect the principal and interest of the same and shall be 
liable on his bond as such city treasurer for the performance of all the duties 
imposed upon him by this act and for the faithful accounting of all moneys and 
securities, including both principal and interest, which may come into his 
hands and which shall belong to such pension fund. And he shall keep a 
separate account whit;h shall show at all times the true condition of such 
fund. Said treasurer shall, upon the expiration of his term of office, account 
to said board for all moneys, notes, bonds and other securities coming into 
his hands, and for the interest, income, profits, rentals and proceeds of and 
from the same, and he shall turn over to his successor all moneys, notes, 
bonds and other securities belonging to said fund. The secretary, treasurei 
and assistant treasurer shall make a full, true, and accurate report of their 
offices and trusts at each annual meeting of such teachers in March of each 
year. Their books shall at all times be open to inspection or examination by 
any member of said board of trustees. (§6555b.) 

[Acts 1915, p. 128.] 

944. Teachers — Pension Fund — Control — Assessment — Levy. 3. 

Such board of trustees shall have full charge and control of the teachers' 
pension fund of such city, with power to adopt and enforce all needful regula- 



362 SCHOOL LAWS OF INDIANA 

tions governing the same, not inconsistent with this act. Said fund shall be 
derived from the following sources: 

First. All moneys that may be given to said board of trustees or to said 
fund or to the board of school commissioners of such city, for the use of said 
board of trustees of teachers' pension fund, by any person or persons. Such 
board of trustees may take by gift, grant, devise or bequest, any money, 
choses in action, personal property, real estate or any interest therein, and 
any such gift, grant, devise or bequest may be absolute or upon conditions 
that only the rent, profits and income arising from the same shall be applied 
to the uses and purposes of said fund. Such board of trustees shall be author- 
ized to take such gift, grant, devise or bequest under and by the style of the 
board of trustees of the teachers' pension fund, of such city, and to hold the 
same or assign, transfer or sell the same, whenever proper and necessary 
under and by such name. 

Second. Every teacher shall be assessed upon his or her salary as follows: 
One per cent per annum (but not more than $10) upon the salary of 
every teacher who shall not have taught in excess of fifteen (15) years; and 
two per cent per annum (but not to exceed $20) upon the salary of every 
teacher who shall have taught longer than fifteen (15) years: Provided, 
however, That such assessment shall not be made prior to the first day of 
September, 1907. And the assistant treasurer of such board of trustees shall 
prepare a roll of each of said assessments and place opposite the name of 
every teacher the amount of assessment against him or her, and shall furnish 
a copy of such roll to the treasurer, and the treasurer of said board shall, in 
November and April of each school year, deduct and retain out of the salary 
going to such teacher the amount of such assessment, and shall give him or 
her credit for the same to the credit of said teachers' pension fund. Every 
teacher of such city receiving a salary of four hundred fifty dollars ($450) a 
year or more shall pay such assessment, and in becoming a teacher he or she 
shall be conclusively deemed to undertake and agree to pay the same, and to 
have such assessment deducted from his or her salary as hereinbefore pro- 
vided. 

Third. The board of school commissioners of such city shall levy each year, 
in addition to all other taxes authorized by law, a special tax of one and one- 
fourth cents upon each one hundred dollars of taxable property in the city, 
which sum shall be collected as other taxes are collected by law, and which 
shall be credited by the treasiu-er of such city to the said teachers' pension 
fund, and shall not be used or devoted to any other than the purpose of said 
fund: Provided, however. Said board of school commissioners may reduce 
said special tax to one cent upon each one hundred dollars of taxable property 
after a period of ten (10) years after September 1, 1914, if in its opinion, the 
accumulated fund derived as aforesaid is sufftcient to justify such action. 
Nothing in this act shall be deemed to take from said board of school com- 
missioners the powers now given to said board in relation to the levy of taxes 
under existing statutes. 

945. Investment of Funds. 4. The board of trustees of such teachers' 
pension fund shall determine what part of said fund may be safely invested, 
and how much shall be retained for the immediate needs, demands and exi- 
gencies of said fund. Such investment shall be made: (1) In interest bearing 



SCHOOL LAWS OF INDIANA 363 

bonds of the United States, or of the State of Indiana, or in any bond lawfully 
issued by any state or by any county, township, city or other municipal 
corporation, either within or without the State of Indiana; (2) loans secured 
by mortgage upon real estate within the county wherein such city is located, 
which loans shall not be in excess of fifty per cent of the appraised value of 
such real estate. All bonds, mortgages and other securities shall be deposited 
with and remain in the custody of the treasurer of said board, who shall collect 
aU interest due thereon, and aU the income therefrom, as the same shall be- 
come due and payable. 

946. Sinking Fund. 5. The board of trustees of such teachers' pension 
fund shall establish a sinking fund, to the credit of which shall be put and 
deposited aU gifts, grants, devises and bequests, and the unexpended balance 
remaining at the expiration of each fiscal year. And such sinking fund shall 
be and remain a permanent fund, and no part thereof shall be expended except 
the interest and income thereof and therefrom: Provided, however, That 
one-half of the amount added to such sinking fund during any year may be 
used if necessary, during the year immediately following. 

[Acts 1915, p. 129.] 

947. Fixing Pensions. 6. Said teachers' pension fund shall be used 
and devoted in the manner and to the purposes following: 

First. The maximum pension to be paid any teacher shall be six hundred 
dollars ($600.00) per annum, which amount shall be based upon a service of 
forty (40) years as such teacher and every pensioner and beneficiary of said 
fund shall be entitled to and shall receive such percentage of said sum of 
$600 as the number of years of teaching of said pensioner and beneficiary, 
shall bear to the term of forty years, subject, however, to all the prc/isions 
of this act. 

Second. Any aged, infirm, diseased or disabled teacher, who is now or 
hereafter may be teaching in the public schools of such city, having served 
as such teacher for not less than fifteen years, shall be entitled to receive a 
disability pension: Provided, Such board of trustees shall find that he or 
she is entitled to the same by reason of such age, disease, infirmity or disa- 
bility, and after such applicant for a pension shall have been examined by a 
physician selected for such purpose by said board of trustees, the examination 
fee or charge of such physician shall be paid by the applicant: And, provided 
further. That no such pension shall be paid until any sick pay allowed or pro- 
vided for by the board of school commissioners of such city shall have 
ceased. 

Third. Any teacher who is now or hereafter may be teaching in the 
public schools of such city, and shall have taught for not less than twenty- 
five (25) years, may be pensioned upon application to said board of trustees, 
or may be pensioned by such board without such application and shall there- 
after receive a pension during the remainder of his or her hfe, subject, however, 
to aU the conditions contained in this act: Provided, That such pensioner 
shall have paid into said fund, by way of assessment or otherwise, not less 
than one-third (1-3) of the amount to which he or she shall be entitled per 
annum as a pension. And in order to make up such one-third, the board of 
trustees may order the treasiu'er to deduct one-half thereof from each of the 



364 SCHOOL LAWS OF INDIANA 

first two years of such pension: Provided, further, Any teacher who has 
taught not less than twenty-five (25) years as aforesaid but who shall have 
retired prior to the taking effect of this act, towit, on the ninth day of March, 
1907, shall be entitled to the benefits of said pension fund in the same amount 
and upon the same conditions as if they were still teaching at the time said 
act took effect on March 9, 1907: Provided, however, further. That inasmuch 
as such teachers never contributed by way of assessment to said fund, never 
having had an opportunity to do so, that the amount of their pension bene- 
fits shall be paid exclusively out of the moneys contributed by such city fi'om 
the taxes, and no part of said fund contributed by the assessment of teachers 
shall be used for paying pensions to such teachers; nothing herein contained 
shall be construed as entitling teachers who retired prior to March ninth, 
1907, to the disability pension, as provided in clause two of this section; nor 
shall anything herein be construed as entitling said teachers who retired 
prior to March 9th, 1907, aforesaid, to a pension prior to the passage of this 
amendment. Provided further. That no pension of any kind provided herein 
for teachers who retired prior to March 9, 1907, shall accrue, or be payable or 
paid, prior to June 1, 1916, when the additional levy becomes available. 

948. Years of Service — How Computed. 7. In computing years of 
service as provided in this act, the board of trustees may include services as 
a public school teacher rendered outside of such city, not, however, in excess 
of five (5) years, as a portion of such services necessary before any teacher 
shall be entitled to any of the benefits of this act: Provided, however, That 
such teacher shall pay assessments based upon the first annual salary received 
by him or her in the schools of such city for the said years of service elsewhere, 
in addition to the assessments paid by such teacher while in the service of 
such schools, before receiving any retirement pension: And, provided further, 
That nothing in this section shall affect the amount or amounts to be paid 
into such pension fund by school teachers before being entitled to become a 
pensioner. And any teacher may be given leave of absence for study, pro- 
fessional improvement or temporary disabihty not exceeding one year at any 
one time, and shall be regarded as a teacher and entitled to the benefits of 
this act: Provided, That during such absence he or she continues to pay into 
such fund the amount of assessment payable by such teacher the last pre- 
ceding such leave of absence. (§6555g.) 

949. Pensioners — Re-Examination. 8. After any teacher shall have 
been pensioned, by reason of injury, disability or disease, the board of trustees 
shall have the right at any time to cause such teacher again to be brought be- 
fore such board and examined by its physician, and also to examine other 
witnesses, for the piu-pose of ascertaining whether such inj^u-y, disabihty or 
disease shall still continue and whether such teacher shall remain on the pen- 
sion roll. Such teacher shall be entitled to notice and to be present at the 
hearing of such evidence; shall be permitted to propound any question per- 
tinent or relevant to such matter, and shall also have the right to introduce 
evidence upon his or her own behalf. Such teacher and all witnesses shall be 
examined under oath, and any member of such board of trustees is hereby 
authorized and empowered to administer such oath. The decision of such 
board of trustees shall be final and conclusive, and no appeal shall be allowed 
therefrom, nor shall the same be reviewed by any coart or other authority: 



SCHOOL LAWS OF INDIANA 365 

Provided, however, That every pensioned teacher shall report to the super- 
superintendent of public schools of such city wKenever required so to do. 
And said superintendent may assign sach teacher to such service or employ- 
ment as may be within his or her power to perform, in the judgment of sucl;i 
superintendent of pubUe schools and of the examining physician employed 
by said board of trustees. And during the time of such employment sach 
teacher shall receive the regrlar salary therefor, which shall be credited to 
and deducted from the amount payable to sach teacher from said pension 
fund! And should any pension teacher recover from his or her injury, 
disease or disability, and again be fit for regular duty, then such teacher 
may again be regalarly employed, and during the time of such employment, 
he or she shall cease to be entitled to any payment out of said pension fund 
because of the injury, disease or disability on account of which such teacher 
was originally retired. (§6555h.) 

,950. Service Pension. 9. Any teacher applying to be pensioned by 
reason of length of time of service as in this act provided, shall be pensioned 
and retired witho it any medical examination, nor need he or she be ander any 
physical disability, and from the time of such pension and retirement such 
teacher shall not be required to render further services as such teacher, nor 
shall he or she be deprived of the benefits herein provided, except for any cause 
contained in section 16 of this act. (§65551.) 

951. Computing Time. 10. In computing time under the provisions 
of this act, such time shall inclade service rendered before, as well as after, 
the taking effect of this act. (§6555j.) 

952. Trustees — By-laws. 11. The board of trastees shall have the 
power and authority to make all necessary by-laws providing for the manner 
of the election of such trastees, to be elected as in this act provided, tl'e count- 
ing and canvassing of the votes for the same, their meetings, for the collection 
of all moneys and other property coming or belonging to said fund, and all 
other matters connected with the care, preservation and disbursement of the 
same, and the proper execution of the purposes and provisions of this act. 
And any pension authorized by the board under this law shall be subject to 
reduction by said board of trustees whenever in its judgment the condition 
of the pension fund, the financial or other conditions of tVe pensioner or any 
other circumstances render such reduction advisable, proper or necessary, 
and any pension so reduced may thereafter be restored or increased, as such 
board may deem best. (§6555k.) 

953. Payments — When Refunded in Part. 12. Any teacher who shall 
cease to teach in the public schools of such city before receiving any benefit 
from the fund, shall be entitled to the rettirn of one-half of the amount, 
without interest, which shall have been paid into said pension fund by such 
teacher! Provided, however. Should such teacher thereafter again teach in 
the public schools of such city, he or she shall refund to said pension fund the 
amount so returned to such teacher within one year from the date of his or 
her return to service in the schools. And should any teacher die before re- 
ceiving any of the benefits or pensions by this act provided, the board of trus- 
tees shall pay to such teacher's heirs or estate, or either or any of them, as 



366 SCHOOL LAWS OF INDIANA 

it shall see fit, one-lialf the amount without interest which shall have been 
paid into said pension fund by said teacher. (§65551.) 

954. Deficiency — Pro Rata Payments. 13. If at any time there 
should not be sufficient money in or to the credit of said teachers' pension 
fund to pay all claims against it in full, then and in such event, an equal per- 
centage shall be paid apon all such claims to the full extent of the funds on 
hand, until such pension fund shall be sufficient to pay all claims against it 
in full. (§6555m.) 

955. Place of Payment. 14. All pensions herein provided for shall be 
paid by the treasurer of the board of school commissioners at his office at 
the same time and in such instalments as the teachers of such city shall be 
paid: Provided, however. That no pension of any kind whatsoever provided 
for in this act shall be paid prior to October 1, 1908. (§6555n.) 

956. Pensions Exempt from Seizure. 15. All pensions granted and 
payable out of said teachers' pension fund shall be and are exempt from 
seizure or levy upon attachment, execution, supplemental process, and all 
other process, whether mesne or final; and such pensions or any payment of 
the same shall not be subject to sale, assignment or transfer by any bene- 
ficiary, and such transfer shall be absolutely void. (§6555o.) 

957. Cancellation of Pension. 16. Whenever any such person who 
shall have received any benefit from said fund shall be convicted of any 
felony, or of any misdemeanor for which he or she shall be adjudged to be 
imprisoned, or shall fail to report for examination for duty as required herein, 
unless excused by the board of trustees of such city, or shall disobey the 
requirements of said board of trustees in respect to said examination for duty 
or shall fail to perform such duty as may be required of him or her if found 
able to perform such duty, then such board shall order that the pension al- 
lowed and paid to him or her shall cease until the further ordei of such board. 
(§6555p.) 

958. Teacher Defined. 17. The term teacher as used in this act shall 
mean and include any principal, assistant principal, assistant superintendent, 
supervisor, assistant siipervisor, persons in charge of any special department 
of instruction, and any teacher or instructor regularly employed as such by 
the boar^ of school commissioners of such city. ( §6555q.) 

C. Terre Haute Law. 

[Acts, 1913, p. 214.] 

959. Teachers' Pension Fund — Terre Haute — Board of Commis- 
sioners. 1. That in every city in the State of Indiana, having a population 
of not less than 55,000 nor more than 60,000, according to the last preceding 
United States census, there shaU be, and is hereby created a teachers' retire- 
ment fund, which shall be governed and managed by a board of commis- 
sioners, to be composed of five members, as foUows : 

The president of the board of school trustees of such city, the superin- 
tendent of pubUc schools, one principal and two teachers regularly employed 
in the pubUe schools of such city. Said principal and teachers shall be selected 



SCHOOL LAWS OF INDIANA 367 

at a meeting of the public school teachers of such city on the fourth Saturday 
of March, 1913, in such manner and at such place or places as shall be deter- 
mined and designated by the board of school trustees of such city; and there- 
after there shall be selected on the fourth Saturday of March of each year 
one principal and two teachers as members of such board of commissioners. 
The commissioners shall hold their offices until their successors shall be se- 
lected or elected as above set forth. In the event of a vacancy iipon said 
board occasioned by the death, resignation or disabiUty of either of said 
principal or teachers, then the public school teachers of said city shall, within 
a reasonable time, upon the call of the president of said board of commis- 
sioners, hold a special meeting and elect a successor or successors. A ma- 
jority of said commissioners shall constitute a quorum for the transaction of 
business pertaining to said retirement fund. Said commissioners shall receive 
no pay for their services as such, except the secretary and assistant treasurer, 
each of whom may be paid such sums for services as may be fixed by the board 
of commissioners: Provided, however. That if any one shall act as such 
secretary or assistant treasurer who shall receive any of the benefits of said 
retirement fund, as hereinafter provided, the amount of the salary so received 
by such secretary or assistant treasurer shall be deducted from the amount 
to which he or she would otherwise be entitled as a beneficiary. ( §6555r.) 

960. Duties of Board and Ojfficers. 2. Said board of commissioners 
shall elect from among its niimber a president, vice-president and secretary. 
The president shall preside at the meetings of the board and perform all other 
duties usual to such office. The vice-president shall perform the duties of the 
president in his absence. It shall be the duty of the secretary to keep a true 
and accurate account of the proceedings of said board of commissioners, and 
of the teachers of such city when acting upon matters with relation to said 
fund, and to turnover to his or her successor all books and papers pertaining to 
such office. The secretary of the superintendent of schools of such city shall 
act as assistant treasurer, and it shall be his or her duty to keep a true and 
correct statement of the account of each member with said retirement fund, to 
coUect and turn over to the treasurer of said board all moneys belonging to said 
fund, and to render to the board a monthly account of his or her doings. He 
or she shall furnish bond in such amount as shall be determined and required 
by said board of commissioners and the board of commissioners shall allow 
him or her such compensation for his or her services as it may deem proper. 
The treasurer of such city shall be ex-officio the treasurer of said board of 
commissioners, and he shall receive and hold aU moneys belonging to such 
treasurer's retirement fund; he shaU have the custody of all notes, bonds and 
other securities belonging to said fund, and shall coUect the principal and 
interest of the same and shall be liable on his bond as such city treasurer for 
. the performance of all the duties imposed upon him by this act and for the 
faithful accounting of all moneys and securities, including both principal and 
interest which may come into his hands and which shall belong to such 
retirement fund. And he shall keep a separate account which shall show at 
all times the true condition of such funds. Said treasurer, shall upon the 
expiration of his term of office, accoimt to said board of commissioners for all 
moneys, notes, bonds, and other securities coming into his hands, and for the 
interest, income, profits, rentals and proceeds of and from the same, and he 



368 SCHOOL LAWS OF INDIANA 

shall turn over to his successor all moneys, notes, bonds and other securities 
belonging to said fund. The secretary, treasurer and assistant treasurer shall 
make a full, true and accurate report of their offices and trusts at each annual 
meeting of such teachers in March of each year. Their books shall at all 
times be open to nspection or examination. (§6555s.) 

961. Pension Fund — How Controlled. 3. Such board of commis- 
sioners shall have full charge and control of the teachers' retirement fund of 
such city with power to adopt and enforce all needful regulations governing 
the same, not inconsistent with this act. Such fund shall be derived from the 
following sources : 

First. All money that may be given to said board of commissioners or to 
said fund or to the board of school trustees of such city, for the use of said 
board of commissioners of teachers' retirement fund, by any person or persons.. 
Such board of commissionei's may take by gift, grant, devise or beqiiest, any 
money, choses in action, personal property, real estate, or any interest therein, 
and any such gift, grant, devise or bequest, maj^ be absolute, or upon the 
condition that only the rent, profits and income arising from the same shall 
be applied to the uses and purposes of said fund. Such board of commis- 
sioners shall be authorized to take such gift, grant, devise or bequest, under 
and by the style of the board of commissioners of the teachers' retirement 
fund, of such city, and to hold the same, or assign, transfer or sell the same, 
whenever proper and necessary, under and by such name. 

Second. Every teacher electing to accept the provisions of this act shall 
be assessed upon his or her salary as follows: For the first twelve years of 
teaching service, $10.00 per year; for the next eight years of teaching service, 
$20.00 per year; for each subsequent year of teaching service, not exceeding 
thirty years in all, S25.00 per year. Members who have paid the fees for thirty 
years of teaching service, shall not be required to pay any additional fees 
however long thereafter they may remain in the employ of the board of school 
trustees. These rates shall be paid in equal payments corresponding with the 
second, fourth, sixth and eighth months of the year for which teachers' 
salaries are paid. Teachers aceeptiug the provisions of this act shall be re- 
quired to pay arrearages at the above rate with interest at 4 per cent, per 
annum for such time of service as they are authorized to have recognized 
imder the provisions of this act: Provided, That any teacher entitled, under 
the provision^, of this act, to a credit for one or more years of teaching service 
at the time when he or she elects to accept the provisions of this act, may 
waive his or her right to such credit and pay only current rates from the time 
when the membership begins, and receive no credit for previous service. 
Such arrearages may be paid in cash during the first year or may be paid in 
five equal installments with interest at the rate of 5 per cent, per annum, 
payable annually, upon the deferred installments; and in case the latter op- 
tion is taken, interest upon the deferred installments shall commence at the 
end of the first year after electing to accept the provisions of this act. Pro- 
vided, further. That in case any teacher is retired before he or she has paid in 
fees a sum equal to one-half of the maximum annuities to which he or she 
would be entitled, then and in that case there shall be deducted from the an- 
nuity to be paid to such retired teacher during the first year, such sum as 
will make the total amount paid by such teacher one-half of the maximum 



SCHOOL LAWS OF INDIANA 369 

annuity to whicli he or she is entitled and the remainder of fees or arrearages 
due or to be paid by s'/ch retired teacher shall be payable in instalments as 
hereinbefore set forth. 

Third. The board of school trustees of such city shall levy each year, in 
addition to all other taxes authorized by law, a special tax of one-fourth (J^) 
of one mill upon each one dollar ($1.00) of taxable property in the city, which 
sum shall be collected as other taxes are collected by law, and which shall be 
credited by the treasurer of such city to the said teachers' retirement fund, 
and shall not be used or devoted to any other than the purposes of said fund. 
And nothing in this act shall be deemed to take from said board of school 
trustees the powers now given to said board in relation to the levy of taxes 
under existing statutes. (§6555t.) 

962. Funds — How Invested. 4. The board of commissioners of such 
teachers' retirement fund shaU determine what part of said fund may be 
safely invested, and how much shall be retained for the immediate needs, 
demands, and exigencies of said fund. Such investment shall be made : (1) 
In interest-bearing bonds of the United States, or of the State of Indiana, 
or in any bond lawfully issued by any state or county, township, city or other 
municipal corporation, either within or without the State of Indiana; (2) 
Loans, secured by mortgage upon real estate within the county wherein such 
city is located, which loans shall not be in excess of fifty per centum of the 
appraised value of such real estate. AU bonds, mortgages and other securities 
shall be deposited with and remain in the custody of the treasurer of said 
board, who shall collect all interest due thereon and all the income therefrom, 
as the same shall become due and payable. (§6555u.) 

963. Sinking Fund. 5. The board of commissioners of such teacher's 
retirement fund shaU establish a sinking fund, to the credit of which shall 
be put and deposited all gifts, grants, devises and bequests, and the unex- 
pended balance remaining at the expiration of each fiscal year, and such 
sinking fund shall be and remain a permanent fund, and no part thereof 
shaU be expended except the interest and income thereof and therefrom: 
Provided, That one-half of the amount added to such sinking fund any year 
may be used, if necessary, during the year immediately following. (§6555v.) 

964. Pensions — How Classified. 6. Said teachers' retirement fund 
shall be used and devoted in the manner and for the purposes as follows: 
Any person electing the provisions of this act who shall have rendered twenty 
years or more of teaching service in the public schools, twelve of which may 
have been in public schools outside of said city of not less than 55,000 nor 
more than 60,000 inhabitants, according to the last preceding United States 
census, who ceases to be in the employ of the board of school trustees from any 
cause, shaU be entitled to an annuity in accordance with the following sched- 
ule: 

For 20 years of service $300 

For 21 years of service 325 

For 22 years of service 350 

For 23 years of service 375 

For 24 years of service 400 

For 25 years of service 430 

8554—24 



370 SCHOOL LAWS OF INDIANA 

For 26 years of service 460 

For 27 years of service 490 

For 28 years of service ■ 525 

For 29 years of service 560 

For 30 or more years of service 600 

Provided, That no teacher in the service of said board of school trustees at 
the time of the passage of this act may be credited with more than twenty- 
five (25) years of service. Such annuities shall be paid in four equal payments 
as follows: On January first, April first, July first, and October first, of each 
year. In the event that any teacher electing the provisions of this act for any 
reason leaves the services of the board of school trustees before said teacher 
has been credited with twenty (20) years of service, such teacher shall be 
entitled to withdraw from, the treasury of said teachers' retirement fund, such 
sum as will equal all payments made by such teacher into the treasury of this 
fund as fees, without interest : Provided, further, That in the event that such 
teacher subsequently returns to the employ of the board of school trustees, 
such teacher shall be required to refund to said fund the amount so withdra.wn, 
with interest thereon at the rate of 5 per cent per annum, such sum to be so 
refunded within one (1) year from the date of his or her return to service in 
the schools of said city of not less than 55,000 nor more than 60,000 inhabi- 
tants. In the event of the death of any teacher electing the provision of 
this act, before such teacher has been retired upon an annuity, then and in 
that case the heirs or legatees of such deceased teacher shaU be entitled to a 
sum out of said fund equal to the sum paid into said fund by such deceased 
teacher, without interest : Provided, further. That no teacher retiring before 
being credited with thirty (30) years of service may be enitled to an annuity 
unless such teacher be granted such annuity by the board of commissioners of 
said retirement fund at the time of such retirement. (§6555w.) 

965. Time of Service — How Computed. 7 In computing years of 
service, as provided in this act, the board of commissioners may include 
service as a public school teacher rendered outside of such city, not, however, 
in excess of twelve years, as a portion of such services necessary before any 
teacher shall be entitled to any of the benefits of this act: Provided, That 
nothing in this section shaU affect the amount or amounts to be paid into such 
retirement fund by teachers before being entitled to an annuity. And any 
teacher may be given a leave of absence for study, professional improvement 
or temporary disability, not exceeding one (1) year in seven (7) and shall be 
regarded as a teacher and entitled to the benefits of this act: Provided, That 
during such absence he or she continues to pay into such fund the amount of 
assessment payable by such teacher as provided in the schedule in section 6 
of this act. (§6555x.) 

966. Services Before Passage of Act. 8. In computing time, under the 
provisions of this act, such time shall include services rendered before, as well 
as after, the taking effect of this act. And the full term or year of school in 
the corporation in which such service was rendered shaU constitute a year 
of service under this act. (§6555y.) 

967. By-laws for Management.'jt9. Theboard of commissioners shall 
have the power and authority to make all necessary by-laws providing for 



SCHOOL LAWS OF INDIANA 371 

the election of sueh commissioners to be elected as in tMs act provided, the 
counting and canvassing of the votes for the same, their meetings, for the col- 
lection of aU moneys and other property coming or belonging to said fund, 
and all other matters connected with the care, preservation and disburse- 
ments of the same, and the proper execution of the purposes and provisions 
of this act. And any annuity authorized by the board under this act shall be 
subject to reduction by said board of commissioners whenever in its judgment 
the condition of the retirement fund renders such reduction proper or necessary 
and any annuity so reduced may thereafter be restored or increased, as such 
board may deem best. (§6555z.) 

968. Pensions Exempt from Levy. 10. All annuities granted and 
payable out of said teachers' retirement fund shall be and are exempt from 
seizure or levy upon attachment, execution, supplemental process and aU other 
process, whether mesne or final; and such annuities or any payment of the 
same shall not be subject to sale assignment or transfer by any beneficiary 
and such transfer shall be absolutely void. (§6555al.) 

969. Teacher Defined. 11. The term "teacher" as used in this act 
shall mean and include the superintendent of schools, the secretary to the sup- 
erintendent, any principal, assistant principal, assistant superintendent, 
supervisor, assistant supervisor, person in charge of any special department of 
instruction, and any teacher or instructor now or hereafter regularly employed 
as such by the board of school trustees of such city (§6555bl.) 

D. Cities from 20,000 to 100,000 population. 

[Acts 1913, p. 898.] 

970. Teachers' Pensions — Cities 20,000 to 100,000— Board. 1. 

That in every city in the State of Indiana having a population of not less than 
20,000 nor more than 100,000 according to the last preceding United States 
census, there may be created a teachers' retirement fund, which shall be 
governed and managed by a board of commissioners, to be composed of five 
members, as foUows : 

The president of the board of school trustees of such city, the superin- 
tendent of public schools, one principal and two teachers regularly employed 
in the public schools of such city. Said principal and teachers shaU be selected 
at a meeting of the public school teachers of such city on the fourth Saturday 
of March, 1913, in such manner and at such place or places as shall be deter- 
mined and designated by the board of school trustees of such city; and there- 
after there shall be selected on the fourth Saturday of March of each year 
one principal and two teachers as members of such board of commissioners. 
The commissioners shall hold their offices until their successors shaU be 
selected or elected as above set forth. In the event of a vacancy upon said 
board occasioned by the death, resignation or disability of either of said 
principal or teachers, then the pubhe school teachers of said city shall, within 
a reasonable time, upon the call of the president of said board of commission- 
ers, hold a special meeting and elect a successor or successors. A majority 
of said commissioners shall constitute a quorum for the transaction of business 
pertaining to said retirement fund. Said commissioners shaU receive no pay 
for their services as such, except the secretary and assistant treasm'er, each 



372 SCHOOL LAWS OF INDIANA 

of whom may be paid such sums for services as may be fixed by the boarri >t 
commissioners: Provided, however, That if anyone shall act as such secre- 
tary or assistant treasurer who shall receive any of the benefits of said retire- 
ment fund, as hereinafter provided, the amount of the salary so received by 
such secretary or assistant treasurer shall be deducted from the amount to 
which he or she would otherwise be entitled as a beneficiary. (§6555cl.) 

971. Officers of Board — Duties. 2. Said board of commissioners 
shall elect from among its number a president, vice-president and secretary. 
The pr( sident shall preside at the meeting's of the board and perform all other 
duties usual to such office. The vice-president shall perform the duties of the 
president in his absence. It shall be the duty of the secretary to keep a true 
and accurate account of the proceedings of said board of commissioners, 
and of the teachers of such city when acting upon matters with relation to 
said fund, and to turn over to his or her successor all books and papers per- 
taining to such office. The secretary of the superintendent of schools of 
such city shall act as assistant treasurer, and it shall be his or her duty to 
keep a true and correct statement of the account of each member with said 
retirement fund, to collect and turn over to the treasurer of said board all 
moneys belonging to said fund, and to render to the board a monthly account 
of his or her doings. He or she shall furnish bond in such amount as shall be 
determined and required by said board of commissioners and the board of 
commissioners shall allow him or her such compensation for his or her services 
as it may deem proper. 

The treasurer of such city shall be ex officio the treasurer of said board of 
commissioners, and he shall receive and hold all moneys belonging to such 
teachers' retirement fund; he shall have the custody of all notes, bonds and 
other securities belonging to said fund, and shall collect the principal and 
interest of the same and shall be liable on his bond as such city treasurer for 
the performance of all the duties imposed upon him by this act and for the 
the faithful accounting of aU moneys and securities, including both principal 
and interest which may come into his hands and which shall belong to such 
retirement fund. And he shall keep a separate account which shall show at 
all times the true condition of such fund. Said treasurer shall, upon the ex- 
piration of his term of office, account to said board of commissioners for all 
moneys, notes, bonds, and other securities coming into his hands, and for 
interest, income, profits, rentals and proceeds of and from the same, and he 
shall turn over to his successor all moneys, notes, bonds and other securities 
belonging to said fund. 

The secretary, treasurer and assistant treasurer shall make a fuU, true 
and accurate report of their offices and trusts at each annual meeting of such 
teachers in March of each year. Their books shall at all times be open to 
inspection or examination. (§6555dl.) 

972. Rules and Regulations. 3. Such board of commissioners shall 
have fuU charge and control of the teachers' retirement fund of such city 
with power to adopt and enforce all needful regulations governing the same, 
not inconsistent with this act. Such fund shall be derived from the following 
sources : 

First. All moneys that may be given to said board of commissioners or 
to said fund or to the board of school trustees of said city, for the use of said 



SCHOOL LAWS OF INDIANA 373 

board of commissioners of teachers' retirement fund, by any person or persons. 
Such board of commissioners may take by gift, grant, devise or bequest, 
any money, choses in action, personal property, real estate, or any interest 
therein, and any such gift, grant, devise or bequest, may be absolute, or 
upon the condition that only the rent, profits and income arising from the 
same shall be applied to the use and purposes of said fund. Such board of 
commissioners shall be authorized to take such gift, grant, devise or bequest, ■ 
under and by the style of the board of commissioners of the teachers' retire- 
ment fund, of such city, and to hold the same, or assign, transfer or sell the 
same, whenever proper and necessary, under and by such name. 

Second. Every teacher electing to accept the provisions of this act shall 
be assessed upon his or her salary as foUows: For the first twelve years of 
teaching service, SIO.OO per year; for the next eight years of teaching service, 
$20.00 per year; for each subsequent year of teaching service, not exceed- 
ing thirty years in aU, $25.00 per year. 

Members who have paid the fees for thirty years of teaching service, 
shall not be required to pay any additional fees however long thereafter they 
may remain in the employ of the board of school trustees. These rates shall 
be paid in equal payments corresponding with the second, fourth, sixth and 
eighth months of the year for which teachers' salaries are paid. 

Teachers accepting the provisions of this act shall be required to pay 
arrearages at the above rate with interest at 4 per cent per annum for such 
time of service as they are authorized to have recognized under the provisions 
of this act, provided that any teacher entitled, under the provisions of this act, 
to a credit for one or more years of teaching service at the time when he or she 
elects to accept the provisions of this act, may waive his or her right to such 
credit and pay only current rates from the time when the membership begins , 
and receive no credit for previous service. Such arrearages may be paid in 
cash during the first year or may be paid in five equal installments with in- 
terest at the rate of 5 per cent per annum, payable annually, upon the de- 
ferred installments; and in case the latter option is taken, interest upon the 
deferred installments shall commence at the end of the first year after electing 
to accept the pro^dsions of this act : Provided, further, That in case any teacher 
is retired before he or she has paid in fees a sum equal to one-half of the maxi- 
mum annuities to which he or she would be entitled, then and in that case 
there shall be deducted from the annuity to be paid to such retired teacher 
during the first year, such sum as wiU make the total amount paid by such 
teacher one-half of the maximum annuity to which he or she is entitled and 
the remainder of fees or arrearages due or to be paid by such retired teacher 
shall be payable in instalments as hereinbefore set forth. 

Third. The board of school trustees of such city shall levy each year, in 
addition to all other taxes authorized by law, a special tax of one-fourth {\) 
of one mill upon each one doUar ($1.00) of taxable property in the city, which 
sum shall be collected as other taxes are collected by law,_and which shall 
be credited by the treasurer of such city to the said teachers' retirement 
fund, and shall not be used or devoted to any other than the purposes of said 
fund. And nothing in this act shall be deemed to take from said board of 
schools trustees^the powers now given to said board in relation to the^levy 
of taxes under existing statutes. (§6555el.) 



374 SCHOOL LAWS OP INDIANA 

973. Fund Invested. 4. The board of commissioners of such teachers' 
retirement fund shall determine what part of said fund may be safely invested, 
and how much shall be retained for the immediate needs, demands and exi- 
gencies of said fund. Such investment shall be made: (1) In interest-bearing 
bonds of the United States, or of the State of Indiana, or in any bond law- 
fully issued by any state or county, township, city or other municipal corpora- 
tion, either within or without the State of Indiana; (2) Loans, secured by 
mortgage upon real estate within the county wherein such city is located, 
which loans shall not be in excess of fifty per centum of the appraised value of 
such real estate. AU bonds, mortgages and other securities shall be deposited 
with and remain in the custody of the treasurer of said board, who shall collect 
all interest due thereon and aU the income therefrom, as the same shall 
become due and payable. (§6555fl.) 

974. Sinking Fund. 5. The board of commissioners of such teachers' 
retirement fund shaU establish a sinking fund, to the credit of which shall be 
put and deposited all gifts, grants, devises and bequests, and the unexpended 
balance remaining at the expiration of each fiscal year, and such sinking 
fund shall be and remain a permanent fund, and no part thereof shall be 
expended except the interest and income thereof and therefrom: Provided, 
That one-half of the amount added to such sinking fund any year may be 
used, if necessary, during the year immediately following. (§6555gl.) 

975. Annual Pensions. 6. Said teachers' r( tirement fimd shall be 
used and devoted in the manner and for the purposes as follows: 

Any person electing the provisions of this act who shall have rendered 
twenty years or more of teaching service in the public schools, twelve of which 
may have been in public schools outside of said city of not less than 20,000 
nor more than 100,000 inhabitants, according to the last preceding Um'ted 
States census, who ceases to be in the employ of the board of school trustees 
from any cause, shall be entitled to an annuity in accordance with the follow- 
ing schedule : 

For 20 years of service $300 

For 21 years of service 325 

For 22 years of service 350 

For 23 years of service 375 

For 24 years of service 400 

For 25 years of service 430 

For 26 years of service 460 

For 27 years of service 490 

For 28 years of service 525 

For 29 years of service 560 

For 30 or more years of service 600 

Provided, That no teacher in the service of said board of school trustees 
at the time of the passage of this act may be credited with more than twenty- 
five (25) years of service. 

Such annuities shall be paid in four equal payments as follows : On Janu- 
ary first, April first, July first, and October first, of each year. 

In the event that any teacher ' electing the provisions of this act for any 
reason leaves the services of the board of school trustees before said teacher 



SCHOOL LAWS OF INDIANA 375 

has been credited with twenty (20) years of service, such teacher shall be 
entitled to withdraw from the treasury of said teachers' retirement fund, 
such sum as wiU equal all payments made by such teacher into the treasury of 
this fund as fees, without interest. 

Provided, further, That in the event that such teacher subsequently re- 
turns to the employ of the board of school trustees, such teacher shall be 
required to refund to said fund the amount so withdrawn, with interest there- 
on at the rate of 5 per cent per annum, such sum to be so refunded within 
one (1) year from the date of his or her return to service in the schools of 
said city of not less than 20,000 nor more than 100,000 inhabitants. In the 
event of the death of any teacher electing the provisions of this act, before 
such teacher has been retired upon an annuity, then and in that case the heirs 
or legatees of such deceased teacher shall be entitled to a sum oiit of said 
fund equal to the sum paid into said fund by such deceased teacher, without 
interest. 

Provided, further. That no teacher retiring before being credited with thirty 
v30) years of service may be entitled to an annuity unless such teacher be grant- 
ed such annuity by the board of commissioners of said retirement fund at 
the time of such retirement. (§6555hl.) 

976. Years of Service — How Computed. 7. In computing years of 
service, as provided in this act, the board of commissioners may include 
service as a public school teacher rendered outside of such city, not, however, 
in excess of twelve years, as a portion of such services necessary before any 
teacher shall be entitled to any of the benefits of this act: Provided, That 
nothing in this section shall affect the amount or amounts to be paid into such 
retirement fund by teachers before being entitled to an annuity. And any 
teacher may be given a leave of absence for study, professional improvement 
or temporary disability, not exceeding one (1) year in seven (7) and shaU be 
regarded as a teacher and entitled to the benefits of this act : Provided, That 
during such absence he or she continues to pay into such fund the amount of 
assessment payable by such teacher as provided in the schedule in section 
six (6) of this act. (§655511.) 

977. Definition. 8. In computing time, under the provisions of this 
act, such time shall include services rendered before, as well as after, the tak- 
ing effect of this act. And the full term or year of school in the corporation 
in which such service was rendered shall constitute a year of service under 
this act. (§6555il.) 

978. Election of Commissioners — By-laws. 9. The board of com- 
missioners shall have the power and authority to make all necessary by-laws 
providing for the election of such commissioners to be elected as in this act, 
provided, the connting and canvassing of the votes for the same, their meet- 
ings, for the collection of all moneys and other property coming or belonging 
to said fund, and all other matters connected with the care, preservation and 
disbursement of the same, and the proper execution of the purposes and pro- 
visions of this act. And any annuity authorized by the board under this act 
shaU be subject to reduction by said board of commissioners whenever in its 
judgment the condition of the retirement fund renders such reduction proper 



376 SCHOOL LAWS OF INDIANA 

or necessary, and any annuity so reduced may thereafter be restored or in- 
creased, as such board may deem best. (§6555kl.) 

979. Pensions Exempt from Attachment. 10. All annuities granted 
and payable out of said teachers' retirement fund shall be and are exempt 
from seizure or levy upon attachment, execution, supplemental process and all 
other process, whether mesne or final; and such annuities or any payment of 
the same shall not be subject to sale, assignment or transfer by any bene- 
eiary and such transfer shaU be absolutely void. (§655511.) 

980. Definition of "Teacher." 11. The term "teacher" as used in 
this act shall mean and include the superintendent of schools, the secretary 
to the superintendent, any principal, assistant principal, assistant superin- 
tendent, supervisor, assistant supervisor, person in charge of any special 
department of instruction, and any teacher or instructor now or hereafter 
regularly employed as such by the board of school trustees of such city. 
(§6555ml.) 



SCHOOL LAWS OF INDIANA 377 



APPENDIX 



CONSTITUTION OF THE STATE OF INDIANA 
1851 

Historical Sketch. 

By an act of congress, dated A-ril 19, 1816, the inhabitants of the ter- 
ritory of Indiana were authorized to form for themselves a constitution and 
state government, which state, when formed, should be admitted into the 
union upon the same footing with the original states. 

Under this act, the members of tlie convention were elected on the second 
Monday of May, 1816, met in convention, at Corydon, on the second Monday 
of June, 1816, and proceeded at onoe to form the constitution, by the authority 
of congress, without an ordinance of the territory. 

The constitution was completed on the twenty-ninth of June, 1816, unani- 
mously adopted by the members of the .convention — forty-three in number, 
and signed by all except one member from Clark county and one member 
from Warrick county. The constitution went into effect upon its adoption 
by the members of the convention which formed it. The first session of the 
general assembly, held by its authority, met at Corydon on the first Monday 
of November, 1816. The constitution of 1816 remained in for-^e, without 
amendment, until the first day of November, 1851. 

An act was passed January 15, 1849, "to provide for taking the sense of 
the qualified voters of the state on the caUing of a convention to alter, amend, 
or revise the constitution of this ptate." At an election held under authority 
of this act a large majority of all the votes cast was in favor of holding the 
convention. 

On the 18th day of January, 1850, the legislature passed an act to provide 
for a convention of the people of the State of Indiana, "to revise, amend, or 
alter the -constitution of said state." By the authority of this act delegates 
were elected. They assembled in convention at the capitol, in the '^ity of 
IndianapoUs, in the first Monday in October, 1850, and completed their 
labors on the 10th day of February, 1851. This 'onstitution was ratified 
by the votes of the people. 

The first amendment to this constitution was ratified February 18, 
1873, and related to the Wabash and Erie canal. Other amendments were 
adopted March 14, 1881. 



378 SCHOOL LAWS OF INDIANA 

Preamble. 

To the end that justice be estabUshed, public order maintained, and hberty 
perpetuated : We, the people of the State of Indiana, gratef u] to Almighty 
God for the free exercise of the right to choose our own form of govern- 
ment, do ordain this constitution. 

Article 1. 

BILL OF BIGHTS. 

Section 1. We declare that all men are created equal; that they are 
endowed by their creator with lertain unahenable rights; that among these 
are life, liberty, and the pursuit of happiness; that all power is inherent in 
the people: and that all free governments are, and of right ought to be, found- 
ed on their authority, and instituted for their peace, safety, and well being. 
For the advancement of these ends, the people have at all times an indefeas- 
ible right to alter and reform their government. 

Sec. 2. All men shall be secured in their natural right to worship Almighty 
God according to the dictates of their own consciences. 

Sec. 3. No law shall, in any case whatever, control the free exercise 
and enjoyment of religious opinions, or interfere with the rights of conscience. 

Sec. 4. No pre*'erenee shall be given, by law, to any creed, religious 
society or mode of worship: and no man shall be compelled to attend, erect 
or support any place of worship, or to maintain any ministry against his con- 
sent. 

Sec. 5. No religious test shall be required as a qualification for any office 
of trust or profit. 

Sec. 6. No money shall be drawn from the treasury for the benefit of 
any religious or theological institution. 

Sec. 7. No person shall be rendered incompetent as a witness, in conse- 
quence of his opinion on matters of religion. 

Sec. 8. The mode of administering an oath or affirmation shall be siich 
as may be most consistent with, and binding upon, the conscience of the 
person to whom such oath or affirmation may be administered. 

See. 9. No law shall be passed restraining the free interchange of thought 
and opinion, or restricting the right to speak, write, or print, freely, on any 
subject whatever, but for the abuse of that right every person shall* be re- 
sponsible. 

Sec. 10. In all prosecutions for libel, the truth of the matters alleged to 
be libelous may be given in justification. 

Sec. 11. The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable search or seizure shall not be violated, 
and no warrant shall issue, but upon probable cause, supported by oath or 
affirmation, and particularly describing the place to be searched, and the 
person or thing to be seized. 

Sec. 12. All comrts shall be open; and every man, for injury done to him, 
in his person, property or reputation, shall have remedy by due course of 
law. Justice shall be administered freely and without purchase; completely, 
and without denial; speedily, and without delay. 



SCHOOL LAWS OF INDIANA 379 

Sec. 13. In all criminal prosecutions the accused shall have the right to 
a pnbUc trial, by an impartial jury in the county in which the offense shall 
have been committed; to be heard by himself and counsel; to demand the 
nature and cause of the acmsation against him, and to have a copy thereof; 
to meet the witness face to face, and to have compulsory process for obtain- 
ing witnesses in his favor. 

Sec. 14. No person shall be put in jeopardy twice for the same offense. 
No person, in any criminal prosecution, shall be compelled to testify against 
himself. 

Sec. 15. No person arrested, or confined in jail, shall be treated with 
unnecessary rigor. 

See. 16. Excessive bail shall not be required. Excessive fines shall not 
be imposed. Cruel and unuciual punishment shall not be inflicted. All 
penalties shall be proportioned to the nature of the offense. 

Sec. 17. Offenses, other than murder or treason, shall be bailable by 
sufficient sureties. Murder or treason shall not be bailable when the proof 
is evident, or the presumption strong. 

Sec. 18. The penal code shall be founded on the principle of reformation, 
and not of vindictive justice. 

Sec. 19. In all criminal cases whatever, the jury shall have the right to 
determine the law and the facts. 

Sec. 20. In all civil eases the right of trial by jury shall remain inviolate. 

Sec. 21. No man's particular services shall be demanded without just 
compensation. No man's property shall be taken by law without just com- 
penssotion; nor except in cise of the state, without such compensation first 
assessed and tendered. 

Sec. 22. The privilege of the debtor to enjoy the necessary comforts of 
life, shall be recognized by wholesome laws, exempting a reasonable amount 
of property from seizure or sale for the payment of any debt or liability 
hereafter contracted; and there shall be no imprisonment for debt, except in 
case of fraud. 

Sec. 23. The general assembly shall not grant to any citizen, or class of 
citizens, privileges or immunities which, upon the same terms, shall not equal- 
ly belong to all citizens. 

Sec. 24. No ex post facto law, or law impairing the obligation of contract 
shall ever be passed. 

Sec. 25. No law shall be passed, the taking effect of which shall be made 
to depend upon any authority, except as provided in this constitution. 

Sec. 26. The operation of the laws shall never be suspended, except by 
the authority of the general assembly. 

Sec. 27. The privileges of the writ of habeas corpus shall not be sus- 
pended, except in case of rebellion or invasion, and then only if the public 
safety demand it. 

Sec. 28. Treason against the state shaU consist only in levying war 
against it, and giving aid and comfort to its enemies. 



380 SCHOOL LAWS OF INDIANA 

Sec. 29. No person shall be convicted of treason, except on the testi- 
mony of two witnesses to the same overt act, or upon his confession in open 
court. 

Sec. 30. No conviction shall work corruption of blood or forfeiture of 
estate. 

Sec. 31. No law shall restrain any of the inhabitants of the state from 
assembling together, in a peaceable manner, to consult fc>r their common 
good; nor from instructing their representatives: nor from applying to the 
general assembly for redress of grievances. 

Sec. 32. The people shall have a right to bear arms for the defense of 
themselves and the state. 

Sec. 33. The miUtary shall be kept in strict subordination to the civil 
power. 

Sec. 34. No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner; nor in time of war but in a manner to be 
prescribed by law. 

Sec. 35. The general assembly shall not grant any title of nobility, nor 
confer hereditary distinctions. 

Sec. 36. Emigration from the state shall not be prohibited. 

Sec. 37. There shall be neither slavery nor involuntary servitude, 
within the state, otherwise than for the punishment of crime, whereof the 
party shaU have been duly convicted. No indenture of any negro or mulatto, 
made or executed out of the bounds of the state, shall be valid within the 
state. 

Article II. 

SUFFRAGE AND ELECTION. 

Section 1. AU elections shaU be free and equal. 

Sec. 2. In all elections not otherwise provided for by this constitution, 
every male citizen of the United States, of the age of twenty-one years and 
upwards, who shall have resided in the state during the six months, and in 
the township sixty days, and in the ward or precinct thu-ty days immediately 
preceding such election; and every male of foreign birth, of the age of twenty- 
one years and upwards, who shall have resided in the United States one year, 
and shall have resided in this state during the six months, and in the township 
sixty days, and in the ward or precinct thirty days, immediately preceding 
such election, and shall have declared his intention to become a citizen of the 
United States, conformably to the laws of the United States on the subject 
of naturalization, shall be entitled to vote in the township or precinct where 
he may reside, if he shall have been duly registered according to law. 

Sec. 3. No soldier, seaman or marine, in the army or navy of the United 
States, or their allies, shall be deemed to have acquired a residence in this 
state in consequence of having been stationed within the same; nor shall any 
such soldier, seaman or marine, have the right to vote. 

See. 4. No person shall be deemed to have lost his residence in the state 
by reason of his absence either on business of the state or of the United States. 

Sec. 5. [Stricken out by constitutional amendment of March 24, 1881.] 



SCHOOL LAWS OF INDIANA 381 

See. 6. Every person shall be disqualified from holding office during the 
term for which he may have been elected, who shall have given or offered a 
bribe, threat or reward to procure his election. 

Sec. 7. Every person who shall give or accept a challenge to fight a duel, 
or who shall knowingly carry to another person such challenge, or who shall 
agree to go out of the state to fight a duel, shall be ineligible to any office of 
trust or profit. 

Sec. 8. The general assembly shall have power to deprive of the right pf 
suffrage, and to render ineligible any person convicted of an infamous crime. 

Sec. 9. No person holding a lucrative office or appointment, under the 
United States, or under this state, shall be eligible to a seat in the general 
assembly; nor shall any person hold more than one lucrative office at the same 
time, except as in this constitution expressly permitted: Provided, That 
offices in the militia, to which there is attached no annual salary, and the office 
of deputy postmaster, where the compensation does not exceed ninety dollars 
per annum, shall not be deemed lucrative: And 'provided, also. That counties 
containing less than one thousand polls may confer the office of clerk, record- 
er and auditor, or any two of said offices, upon the same person. 

See. 10. No person who may hereafter be a collector or holder of pubhe 
moneys, shall be eligible to any office of trust or profit until he shall have 
accounted for and paid over, according to law, all sums for which he may be 
liable 

Sec. 11. In all eases in which it is provided that an office shall not be 
filled by the same person more than a certain number of years continuously 
an appointment pro tempore shall not be reckoned a part of that term. 

Sec. 12. In all cases, except treason, felony and breach of the peace, 
electors shall be free from arrest in going to elections, during their attendance 
their, and in returning from the same. 

Sec. 13. All elections by the people shall be by baUot; and aU elections 
by the general assembly, or by either branch thereof, shall be viva voce. 

Sec. 14. All general elections shall be held on the first Tuesday after the 
first Monday in November; but township elections may be held at such time 
as may be provided by law: Provided, That the general assembly may pro- 
vide by law for the election of all judges of courts of general or appellate 
jurisdiction, by an election to be held for such officers only, at which time 
no other officer shall be voted for; and shall also provide for the registration 
of all persons entitled to vote. 

Article III. 

DISTHIBUTION OF POWJiRS. 

Section 1. The powers of the government are divided into three sep- 
arate departments: the legislative, the executive (including the adminis- 
trative), and the judicial; and no person charged with official duties under one 
of these departments shall exercise any of the functions of another except 
as in this constitution expressly provided. 



382 SCHOOL LAWS OF INDIANA 

Article IV. 

LEGISLATIVE. 

Section 1. The legislative authority of the state shall be vested in a gen- 
eral assembly, which shall consist of a senate and house of representatives. 
The style of every law shall be, "Be it enacted by the general assembly of the 
State of Indiana;" and no law shall be enacted except by bill. 
, Sec. 2. The senate shall not exceed fifty, nor the house of representatives 
one hundred members; and they shall be chosen by the electors of the respec- 
tive counties or districts into which the state may, from time to time be di- 
vided. 

Sec. 3. Senators shaU be elected for the term of four years, and repre- 
sentatives for the term of two years, from the day next after their general 
election: Provided, however, That the senators elect, at the second meeting 
of the general assembly under this constitution, shaU be divided, by lot, 
into two equal classes, as nearly as may be; and the seats of senators of the 
first class shall be vacated at the expiration of two years, and those of the 
second class at the expiration of four years; so that one-half, as nearly as 
possible, shall be chosen biennially forever thereafter. And in ease of in- 
crease in the number of senators, they shall be so annexed by lot, to the one 
or the other of the two classes, as to keep them as nearly equal as practicable. 

Sec. 4. The general assembly shall, at its second session after the adop- 
tion of this constitution, and every sixth year thereafter, cause an enumeration 
to be made of aU the male inhabitants over the age of twenty-one years. 

See. 5. The number of senators and representatives shaU, at the session 
next following each period of making such enumeration, be fixed by law, and 
apportioned among the several counties, according to the number of male 
inhabitants, above twenty-one years of age, in each: Provided, That the 
first and second elections of members of the general assembly, under this 
constitution, shaU be according to the apportionment last made by the gen- 
eral assembly before the adoption of this constitution. 

Sec. 6. A senatorial or representative district, where more than one 
county shall constitute a district, shall be composed of contigious counties; 
and no county, for senatorial apportionment, shall ever be divided. 

See. 7. No person shall be a senator or a representative, who at the time 
of his election, is not a citizen of the United States; nor any one who has not 
been, for two year next preceding his election, an inhabitant of this state, 
and for one year next preceding his election, an inhabitant of the county oi 
district when he may be chosen. Senators shall be at least twenty-five, and 
representatives at least twenty-one years of age. 

* Sec. 8. Senators and representatives, in all cases except treason, felony, 
and breach of the peace, shall be privileged from arrest during the session 
of the general assembly, and in going to and returning from the same; and 
shaU not be subject to any civil process during the session of the general 
assembly, nor during the fifteen days next before the commencement thereof. 
For any speech or debate in either house, a member shall not be questioned 
in any other place. 

See. 9. The sessions of the general assembly shall be held biennially, 
at the capital of the state, commencing on the Thm-sday next after the first 



SCHOOL LAWS OF INDIANA 383 

Monday of January, in the year one thousand eight hundred and fifty-three, 
and on the same day of every second year thereafter, unless a different day 
or place shaU have been appointed by law. But if, in the opinion of the 
governor, the public welfare shall require it, he may, at any time, by proc- 
lamation call a special session. 

Sec. 10. Each house, when assembled, shall choose its own officers (presi- 
dent of the senate excepted), judge the elections, qualifications and returns 
of its own members, determine its rules of proceeding, and sit upon its own 
adjournment. But neither house shall, without the consent of the other, 
adjourn for more than three days, nor to any place other than that in which 
it may t^e sitting. 

Sec. 11. Two-thirds of each house shall constitute a quorum to do busi- 
ness; but a smaller number may meet, adjourn from day to day, and compel 
the attendance of absent members. A quorum being in attendance, if either 
house fail to effect an organization within the fu-st five days thereafter, the 
members of the house so failing shall be entitled to no compensation from the 
end of the said five days, until an organization shall have been effected. 

See. 12. Each house shaU keep a journal of its proceedings, and publish 
the same. The yeas and nays, on any question, shall, at the request of any 
two members, be entered, together with the names of the members demand- 
ing the same, on the journal: Provided, That on a motion to adjourn, it 
shall require one-tenth of the members present to order the yeas and nays. 

Sec. 13. The doors of each house, and of committees of the whole, shall 
be kept open, except in such cases as, in the opinion of either house, may 
require secrecy. 

Sec. 14, Either house may punish its members for disorderly behavior, 
and may, with the concurrence of two-thirds, expel a member; but not a 
second time for the same cause. 

Sec. 15. Either house, during its session, may punish, by imprisonment, 
any person not a member, who shall have been guilty of disrespect to the 
house, by disorderly or contemptuous behavior in its presence; but such 
imprisonment shall not, at any time, exceed twenty-four hours. 

Sec. 16. Each house shall have all powers necessary for a branch of the 
legislative department of a free and independent state. 

Sec. 17. BiUs may originate in either house, but may be amended or 
rejected in the other, except that bills for raising revenue shall originate in 
the house of representatives. 

Sec. 18. Every biU shall be read by sections, on three several days in 
each house; unless, in case of emergency, two-thirds of the house where such 
biU may be depending shall, by a vote of yeas and nays, deem it expedient 
to dispense with this rule; but the reading of a bill by sections, on its final 
passage, shall in no case be dispensed with; and the vote on the passsge of 
every biU or joint resolution shall be taken by yeas and nays. 

Sec. ID. Every act shah embrace but one subject, and matters properly 
connected therewith; which subject shall be expressed in the title. But if 
any subject shall be embraced in the act, which shall not be expressed in the 
title, such act shaU be void only as to so much thereof as shall not be expressed 
in the title. 



384 SCHOOL LAWS OF INDIANA 

Sec. 20. Every act and joint resolution shall be plainly worded, avoiding, 
as far as practicable, the use of technical terms. 

Sec. 21. No act shaU ever be revised or amended by mere reference to 
its title; but the act revised, or section amended, shall be set forth and pub- 
lished at full length. 

See. 22. The general assembly shall not pass local or special laws in any 
of the following enumerated cases, that is to say: 

Regulating the jiirisdiction and duties of justices of the peace and of 
of constables; 

For the punishment of crimes and misdemeanors; 

Regulating the practice in courts of justice; 

Providing for changing the venue in civil and criminal cases; 

Granting divorces; 

Changing the names of persons; 

For laying out, opening and working on, highways, and for the election 
or appointment of supervisors; 

Vacating roads, town plats, streets, alleys and public squares; 

Summoning and impaneling grand and petit juries, and providing for their 
compensation; 

Regulating county and township business; 

Regulating the election of county and township officers, and their com- 
pensation ; 

For the assessment and collection of taxes for state, county, township 
or road purposes; 

Providing for supporting common schools, and for the preservation of 
school funds; 

In relation to fees or salaries; except that the laws may be so made as to 
grade the compensation of officers in proportion to the population and the 
necessary services required; 

In relation to interest on money; 

Providing for opening and conducting elections of state, county or 
township officers, and designating the places of voting; 

Providing for the sale of real estate belonging to minors, or other persons 
laboring under legal disabilities, by executors, administrators, guardians 
or trustees. 

Sec. 23. In all cases enumerated in the preceding section, and in all other 
cases where a general law can be made applicable, all laws shaU be general 
and of uniform operation throughout the state. 

See. 24. Provisions may be made by general law, for bringing suits 
against the state, as to all liabilities originating after the adoption of this 
constitution; but no special act authorizing such suit to be brought, or making 
compensation to any person claiming damages against the state, shall ever 
be passed. 

Sec. 25. A majority of all the members elected to each house shall be 
necessary to pass every bill or joint resolution; and all bills and joint resolu- 



SCHOOL LAWS OF INDIANA 385 

tions so passed shall be signed by the presiding officers of the respective 
houses. 

Sec. 26. Any member of either house shall have the right to protest, 
and to have his protest, with his reasons for dissent, entered on the journal. 

See. 27. Every statute shall be a public law, unless otherwise declared 
in the statute itself. 

Sec. 28. No act shall take effect until the same shall have been published 
and circulated in the several counties of this state, by authority, except in 
case of emergency; which emergency shall be declared in the preamble or in 
the body of the law. 

Sec. 29. The members of the general assembly shall receive for their 
ser^dces a compensation, to be fixed by law; but no increase of compensation 
shall take effect dm'ing the session at which such increase may be made. 
No session of the general assembly, except the first under this constitution, 
shall extend beyond the terxji of sixty-one days, nor any special session be- 
yond the term of forty days. 

Sec. 30. No senator or representative shall, during the term for which 
he may have been elected, be eligible to any office, the election to which is 
vested in the general assembly, nor shall he be appointed to any civil office 
of profit, which shall have been created, or the emoluments of which shall 
have been increased, during such term; but this latter provision shall not be 
construed to apply to any office elective by the people. 

Article V. 

EXECUTIVE. 

Section 1. The executive powers of the state shall be vested in a governor. 
He shall hold his office during fotir years, and shall not be eligible more than 
four years in any period of eight years. 

Sec. 2. There shall be a lieutenant-governor, who shall hold his office 
during four years. 

Sec. 3. The governor and heutenant-governor shall be elected at the 
times and places of choosing members of the general assembly. 

See. 4. In voting for governor and lieutenant-governor the electors 
shall designate for whom they vote as governor, and for whom as lieutenant- 
governor. The returns of every election for governor and Ueutenant-gov- 
ernor shall be sealed up and transmitted to the seat of government, directed 
to the speaker of the house of representatives, who shall open and publish 
them in the presence of both houses of the general assembly. 

Sec. 5. The persons, respectively, having the highest number of votes 
for governor and lieutenant-governor, shall be elected; but in case two or 
more persons shaU have an equal and the highest number of votes for either 
office, the general assembly shall, by joint vote, forthwith proceed to elect 
one of the said persons governor or lieutenant-governor, as the ease may be. 

Sec. 6. Contested elections for governor or lieutenant-governor shall 
be determined by the general assembly, in such manner as may be prescribed 
by law. 

See. 7. No person shall be eligible to the office of governor or lieutenant- 
governor, who shall not have been five years a citizen of the United States, 

8554—25 



386 SCHOOL LAYv^S OF INDIANA 

and also a resident of the State of Indiana during the five years next preceding 
his election; nor shall any person be eligible to either of the said offices who 
shall not have attained the age of thirty years. 

See. 8. No member of congress, or person holding any office under the 
United States, or under this state, shall fill the office of governor or lieuten- 
ant-governor. 

See. 9. The official term of the governor or lieutenant-governor shall 
commence on the second Monday of January, in the year one thousand, 
eight hundred and fifty-three; and on the same day every fourth year there- 
after. 

Sec. 10. In case of the removal of the governor from office, or of his death, 
resignation or inabiUty to discharge the duties of the office, the same shall 
devolve on the heutenant-governor; and the general assembly shall, by law, 
provide for the case of removal from office, death, resignation, or inabihty, 
both of the governor and heutenant-governor, declaring what officer then 
shall act as governor; and such officer shaU act accordingly until the disa- 
biUty be removed or a governor be elected. 

See. 11. Whenever the lieutenant-governor shall act as governor, or 
shall be unable to attend as president of the senate, the senate shall elect 
one of its own members as president for the occasion. 

Sec. 12. The governor shall be commander-in-chief of the mihtary 
and naval forces, and may call out such forces to execute the laws, or to 
suppress insurrection, or to repel invasion. 

Sec. 13. He shall, from time to time, give to the general assembly in- 
formation touching the condition of the state, and recommend such meas- 
ures as he shall judge to be expedient. 

Sec. 14. Every bill which shall have passed the general assembly shall 
be presented to the governor; if he approve, he shaU sign it, but if not, he 
shall return it, with his objections, to the house in which it shall have origin- 
ated, which house shall enter the objections at large upon its journals and 
proceed to reconsider the bill. If, after such reconsideration, a majority 
of all the members elected to that house shall agree to pass the bill, it shall be 
sent, with the governor's objections, to the other house, by which it shall 
likewise be reconsidered, and if approved by a majority of all the members 
elected to that house, it shall be a law. If any bill shaU not be returned by 
the governor within tliree days, Sundays excepted, after it shall have been 
presented to him, it shall be a law without his signature, unless the general 
adjournment shall prevent its return, in which case it shall be a law unless 
the governor, within five days next after such adjournment, shall file such 
bill, with his objections thereto, in the office of the secretary of state, who shall 
lay the same before the general assembly at its next session in Uke manner 
as if it had been returned by the governor. But no bill shaU be presented 
to the governor within two days next previous to the final adjournment of the 
general assembly. 

Sec. 15. The governor shall transact all necessary business with the 
officers of government, and may require any information in writing from the 
officers of the administrative department, upon any subject relating to the 
duties of then- respective offices. 



SCHOOL LAWS OF INDIANA 387 

See. 16. He shall take care that the laws be faithfully executed. 

Sec. 17. He shall have the power to grant reprieves, commutations and 
pardons, after conviction, for all offenses except treason and cases of im- 
peachment, subject to such regulations as may be provided by law. Upon 
conviction for treason, he shall have power to suspend the execution of the 
sentence until the case shall be reported to the general assembly at its next 
meeting, when the general assembly shall either grant a pardon, commute 
the sentence, direct the execution of the sentence, or grant a further reprieve. 
He shall have power to remit fines and forfeitures, under such regulations as 
may be prescribed by law, and shall report to the general assembly, at its next 
meeting, each ease of reprieve, commxitation, or pardon granted, and also 
the names of all persons in whose favor remission of fines and forfeitures 
shall have been made, and the several amounts remitted: Provided, how- 
ever, That the general assembly may, by law, constitute a council, to be com- 
posed of officers of state, without whose advice and consent the governor 
shall not have power to grant pardons, in any case, except such as may, by 
law, be left to his sole power. 

Sec. 18. When, during a^recess of the general assembly, a vacancy shall 
happen in any office, the appointment to which is vested in the general assem- 
bly, or when, at any time, a vacancy shaU have occurred in any other state 
office, or in the office of judge of any com-t, the governor shall flU such vacancy 
by appointment, which shall expire when a successor shaU have been elected 
and qualified. 

Sec. 19. He shall issue writs of election to fill such vacancies as may have 
occurred in the general assembly. 

Sec. 20. Should the seat of government become dangerous from disease 
or a common enemy, he may convene the general assembly at any other 
place. 

Sec. 21. The lieutenant-governor shall, by virtue of his office, be presi- 
dent of the senate, have a right, when in committee of the whole, to join in 
debate, and to vote on all subjects, and, whenever the senate shall be equally 
divided, he shall give the casting vote. 

Sec. 22. The governor shall, at stated times, receive for his services a 
compensation which shall neither be increased nor diminished diu-ing the 
term for which he shall have been elected. 

Sec. 23. The Ueutenant-governor, while he shall act as president of the 
senate, shall receive for his services the same compensation as the speaker 
of the house of representatives ; and any person acting as governor shall re- 
ceive the compensation attached to the office of governor. 

Sec. 24. Neither the governor nor lieutenant-governor shall be ehgible 
to any other office during the term for which he shall have been elected. 



Article VI. 

ADMINISTRATIVE. 

Section 1. There shall be elected by the voters of the state, a secretary, 
an auditor, and a treasurer of state, who shall severally hold their offices for 
two years. They shall perform such duties as may be enjoined by law; and 



388 SCHOOL LAWS OF INDIANA 

no person shall be eligible to either of said offices more than four years in 
any period of six years. 

See. 2. There shall be elected in each county, by the voters thereof, at 
the time of holding general elections, a clerk of the circuit court, auditor, 
recorder, treasurer, sheriff, coroner and surveyor. The clerk, auditor and 
recorder shaU continue in office four years; and no person shall be eKgible 
to the office of clerk, recorder or auditor more than eight j^ears in any period 
of twelve years. The treasurer, sheriff, coroner and surveyor, shall con- 
tinue in office two years ; and no person shall be eUgible to the office of treas- 
urer or sheriff more than four years in any period of six years. 

See. 3. Such other county and township officer as may be necessary, 
shall be elected or appointed, in such manner as may be prescribed by law. 

Sec. 4. No person shall be elected or appointed as a county officer, who 
shall not be an elector of the county; nor any one who shall not have been an 
inhabitant thereof during one year next preceding his appointment, if the 
county shall have been so long organized; but if the county shall not have been 
so long organized, then within the limits of the co.unty or counties out of 
which the same shall have been taken. 

Sec. 5. The governor, and the secretary, auditor and treasTirer of state, 
shall, severally, reside and keep the public records, books and papers, in any 
manner relating to the respective offices, at the seat of government. 

Sec. 6. AU county, township and town officers shaU reside within their 
respective counties, townships and towns, and shall keep their respective 
offices at such places therein, and perform such duties as may be directed 
by law. 

See. 7. All state officers shaU, for crime, incapacity or negligence, be 
Uable to be removed from office, either by impeachment by the house of 
representatives, to be tried by the senate, or by a joint resolution of the 
general assembly; two- thirds of the members elected to each branch voting, 
in either case, therefor. 

Sec. 8. AU state, county, township and town officers may be impeached, 
or removed from office in such manner as may be prescribed by law. 

Sec. 9. Vacancies in county, township and town offices shall be filled 
in such manner as may be prescribed by law. 

See. 10. The general assembly may confer upon the boards doing county 
business in the several counties, powers of a local administrative character. 

Article VII. 



Section 1. The judicial power of the state shall be vested in a supreme 
court, in circuit courts, and in such other (courts as the general assembly may 
establish. 

Sec. 2. The supreme court shall consist of not less than three, nor more 
than five judges; a majority of whom shall form a quorum. They shall hold 
their offices for six years, if they so long behave weU. 

Sec. 3. The state shaU be divided into as many districts as there are 
judges of the supreme cou t, and such districts shall be formed of contiguous 



SCHOOL LAWS OF INDIANA 389 

territory, as nearly equal in population as, without dividing a county, the 
same can be made. One of said judges shall be elected from each district 
and reside therein; but said judge shall be elected by the electors of the state 
at large. 

See. 4. The supreme court shall have jurisdiction, co-extensive with the 
limits of the state, in appeals and writs of error, under such regulations and 
restrictions as may be prescribed by law. It shall also have such original 
jurisdiction as the general assembly may confer. 

Sec. 5. The supreme court shall, upon the decision of every ease, give a 
statement in writing of each question arising in the record of such case, and 
the decision of the court thereon. 

See. 6. The general assembly shall provide by law for the speedy pub- 
lication of the decisions of the supreme court, made under this constitution, 
but no judge shall be allowed to report such decision. 

Sec. 7. There shall be elected by the voters of the state, a clerk of the 
supreme court, who shall hold his office four years, and whose duties shall be 
prescribed by law. 

See. 8. The circuit courts shall each consist of one judge, and shall have 
such civil and criminal jurisdiction as may be prescribed by law. 

Sec. 9. The state shall, from time to time, be divided into judicial cir- 
cuits, and a judge for each circuit shall be elected by the voters thereof. 
He shall reside within the circuit, and shall hold his office for the term of 
six years, if he so long behave well. 

Sec. 10. The general assembly may provide, by law, that the judge of 
one circuit may hold the courts of another circuit, in eases of necessity or 
convenience; and in ease of temporary inability of any judge, from sickness 
or other cause, to hold the courts in his circuit, provisions may be made, by 
law, for holding such courts. 

See. 11. There shall be elected, in each judicial circuit, by the voters 
thereof, a prosecuting attorney, who shall hold his office for two years. 

Sec. 12. Any judge or prosecuting attorney, who shall have been con- 
victed of corruption or other high crime, may, on information in the name 
of the state, be removed from office by the supreme court, or in such other 
manner as may be prescribed by law. 

Sec. 13. The judges of the supreme court and circuit courts shall, at 
stated times, receive a compensation, which shall not be diminished during 
their continuance in office. 

See. 14. A competent number of justices of the peace shall be elected 
by the voters in each township in the several counties. They shall con- 
tinue in office four years, and their powers and duties shall be prescribed by 
law. 

Sec. 15. All judicial officers shall be conservators of the peace in their 
respective jurisdictions. 

Sec. 16. No person elected to any judicial office shall, during the term 
the term for which he shall have been elected, be eligible to any office of trust 
or profit under the state, other than a judicial office. 

See. 17. The general assembly may modify or abolish the grand jury 
system. 



39,0 SCHOOL LAWS OF INDIANA 

See. 18. All criminal prosecutions shall be carried on in the name, and 
by the authority of the state; and the style of all processes shall be "The 
State of Indiana." 

See. 19. Tribunals of conciliation may be established with such powers 
and duties as shall be prescribed by law ; or the powers and duties of the same 
may be conferred upon other courts of justice; but such tribunals or other 
courts, when sitting as such, shall have no power to render judgment to be 
obligatory on the parties unless they voluntarily submit their matters of 
difference and agree to abide the judgment of such tribunal or court. 

Sec. 20. The general assembly, at its first session after the adoption of 
this constitution, shall provide for the appointment of three commissioners, 
whose duty it shall be to revive, simplify and abridge the rules, practice, 
pleadings and forms of the courts of justice. And they shall provide for 
abolishing the distinct forms of action at law now in use; and that justice shall 
be administered in a uniform mode of pleading, without distinction between 
law and equity. And the general assembly may, also, make it the duty of 
said commissioners to reduce into a systematic code the general statute law 
of the state; and said commissioners shall report the result of their labors 
to the general assembly, with such recommendations and suggestions, as 
to the abridgment and amendment, as to said commissioners iiiSij seem neces- 
sary or proper. Provision shall be made by law for filling vacancies, regu- 
lating the tenure of office and the compensation of said commissioners. 

Sec. 21. Every person of good moral character, being a voter, shall be 
entitled to admission to practice law in all courts of justice. 

Article VIII. 

EDUCATION. 

Section 1. Knowledge and learning generally diffused throughout a 
community, being essential to the preservation of a free government, it shall 
be the duty of the general assembly to encourage, by. all suitable means, 
moral, intellectual, scientific and agricultural improvement, and to provide 
by law for a general and uniform system of common schools, wherein tuition 
shall be without charge, and equally open to all. 

Sec. 2. The common school fund shall consist of the congressional town- 
ship fund, and the lands belonging thereto; 

The surplus revenue fund; 

Tfie saline fund, and the lands belonging thereto; 

The bank tax fund, and the fund arising from the one hundred and four- 
teenth section of the charter of the state bank of Indiana; 

The fund to be derived from the sale of county seminaries, and the 
moneys and property heretofore held for such seminaries; from the fines 
assessed for breaches of the penal laws of the state; and from all forfeitures 
which may accrue; 

All lands and other estate which shall escheat to the state for want of 
heirs or kindred entitled to the inheritance; 

All lands that have been or may hereafter be granted to the state, where 
no special purpose is expressed in the grant, and the proceeds of the sales 
thereof ; including the proceeds of the sales of the swamp lands granted to the 



SCHOOL LAWS OF INDIANA 391 

State of Indiana by the act of congress, of the 28th of September, 18,50, 
after deducting the expense of selecting and draining the same; 

Taxes on the property of corporations that may be assessed by the 
general assembly for common school purposes. 

See. 3. The principal of the common school fund shall remain a per- 
petual fimd, which may be increased, but shall never be diminished; and the 
income thereof shall be inviolably appropriated to the support of common 
schools, and to no other purpose whatever. 

Sec. 4. The general assembly shall invest, in some safe and profitable 
manner, all such portions of the common school fund as have not hereto- 
fore been entrusted to the several counties; and shall make provisions, by 
law, for the distribution, among the several counties, of the interest thereof. 

Sec. 5. If any county shall fail to demand its proportion of such interest 
for common school pui-poses, the same shall be reinvested for the benefit 
of such county. 

Sec. 6. The several counties shall be held liable for the preservation of 
so much of the said fund as may be entrusted to them, and for the payment 
of the annual interest thereon. 

Sec. 7. All trust funds held by the state shall remain inviolate, and be 
faithfully and exclusively applied to the purposes for which the trust was 
created. 

See. 8. The general assembly shall provide for the election, by the voters, 
of the state, of a state superintendent of public instruction, who shall hold 
his office for two years, and whose duties and compensation shall be pre- 
scribed by law. 

Article IX. 

STATE INSTITUTIONS. 

Section 1. It shall be the duty of the general assembly to provide by 
law for the support of institutions for the education of the deaf and dumb, 
and of the blind; and, also, for the treatment of the insane. 

Sec. 2. The general assembly shall provide houses of refuge for the cor- 
rection and reformation of juvenile offenders. 

Sec. 3. The county boards shall have power to provide farms as an 
asylum for those person who, by reasons of age, infirmity, or other misfortune, 
have claims upon the sympathies and aid of society. 

Article X. 

I'INANCE. 

Section 1. The general assembly shall provide, by law, for a uniform 
and equal rate of assessment and taxation; and shall prescribe such regula- 
tions as shall secure a just valuation for taxation of aU property, both real 
and personal, excepting such only for municipal, educational, literary, 
scientific, religious or charitable purposes, as may be specially exempted by 
law. 



392 SCHOOL LAWS OF INDIANA 

Sec. 2. All the revenues derived from the sale of any of the public works 
belonging to the state, and from the net annual income thereof, and any- 
surplus that may, at any time, remain in the treasury derived from taxation 
for general state purposes, after the payment of the ordinary expenses of 
the government, and of the interest on bonds of the state, other than bank 
bonds, shall be annually applied, under the direction of the general assembly, 
to the payment of the principal of the public debt. 

Sec. 3. No money shall be drawn from the treasury but in pursuance 
of appropriations made by law. 

Sec. 4. An actnirate statement of the receipts and expenditures of the 
public money shall be published with the laws of each regular session of the 
general assembly. 

Sec. 5. No law shall authorize any debt to be contracted, on behalf of 
the state, except in the following cases: To meet casual deficits in the 
revenue; to pay the interest on the state debt; to repel invasion, suppress 
insurrection, or, if hostihties be threatened, provide for public defense. 

See. 6. No county shall subscribe for stock in any incorporated company, 
unless the same be paid for at the time of such subscription; nor shall any 
coLinty loan its credit to any incorporated company, nor borrow money for 
the purpose of taking stock in any such company; nor shall the general as- 
sembly ever, oh behalf of the state, assume the debts of any county, city, 
town or township, nor of any corporation whatever. 

Sec. 7. No law or resolution shall ever be passed by the general assembly 
of the State of Indiana that shall recognize any liabihty of this state to pay 
or redeem any certificate of stock issued in pursuance of an act entitled "An 
act to provide for the funded debt of the State of Indiana, and for the com- 
pletion of the Wabash and Erie Canal to Evansville," passed January 19, 
1846, and an act supplemental to said act, passed January 29, 1847, which 
by the provisions of the said acts, or either of them, shaU be payable ex- 
clusively from the proceeds of the canal lands, and the tolls and revenues 
of the canal in said acts mentioned; and no such certificates of stocks shall 
ever be paid by this state. 

[Note.— Agreed to by a majority of the members elected to each of the two houses 
of the general assembly, regular session of 1871, and referred to the general assembly 
to be chosen at the next general election. Agreed to by a majority of the members 
elected to each lioiise of the general assembly, special session of 1872. Submitted to 
the electors of the state by an act approved January 28, 1873. Ratified by a majority' 
of the electors, at an election held on the 18th day of February, 1873. Declared a part 
of the constitution by proclamation of Thomas A. Hendricks, governor, dated March 
7, 1873.] 

Article XI. 

COEPOKATION. 

Section 1. The general assembly shall not have power to estabHsh, or 
incorporate any bank or banking company, or moneyed institution, for the 
purpose of issuing bills of credit, or biUs payable to order or bearer, except 
under the conditions prescribed in this constitution. 

Sec. 2. No bank shall be established otherwise than under a general 
banking law, except as provided in the fourth section of this article. 



SCHOOL LAWS OF INDIANA 393 

See. 3. If the general assembly shall enact a general banking law, such 
law shall provide for the registry and countersigning, by an officer of state, 
of all paper credit designed to be circulated as money; and ample collateral 
security, readily convertible into specie, for the redemption of the same in 
gold or silver, shaU be required; which collateral security shall be under the 
control of the proper officer or officers of the state. 

See. 4. The general assembly may also charter a bank with branches, 
without collateral security, as required in the preceding section. 

Sec-. 5. If the general assembly shall estabhsh a bank with branches, 
the branches shaU be mutually responsible for each other's liabiUties, upon 
all paper credit issued as money. 

See. 6. The stockholders in every bank, or banking company, shall be 
individually responsible to an amount over and above their stock, equal to 
their respective shares of stock, for all debts or liabiUties of said bank or 
banking company. 

Sec. 7. All bills or notes issued as money shall be, at aU times, redeem- 
able in gold or silver; and no law shall be passed, sanctioning, directly or 
indirectly, the suspension, by any bank or banking company, of specie pay- 
ments. 

Sec. 8. Holders of bank notes shall be entitled, in case of insolvency, to 
preference of payment over aU other creditors. 

Sec. 9. No bank shall receive, directly or indirectly, a greater rate of 
interest than shall be allowed by law to individuals loaning money. 

See. 10. Every bank, or banking company, shall be required to cease aU 
banking operations within twenty years from the time of its organization, 
and promptly thereafter to close its business. 

Sec. 11. The general assembly is not prohibited from investing the trust 
funds in a bank with branches; but in case of such investment, the safety 
of the same shall be guaranteed by unquestionable security. 

Sec. 12. The state shaU not be a stockholder in any bank, after the ex- 
piration of the present bank charter; nor shall the credit of the state ever be 
given, or loaned, in aid of any person, association, or corporation, nor shall 
the state hereafter become a stockholder in any corporation or association. 

Sec. 13. Corporations, other than banking, shall not be created by special 
act, but may be formed under general laws. 

See. 14. Dues from corporations, other than banking, shall be secured 
by such individual liability of the corporators, or other means, as may be 
prescribed by law. 

Article XII. 



Section 1. The mihtia shaU consist of all able-bodied white male persons 
between the ages of eighteen and forty-five years, except as may be exempt-" 
ed by the laws of the United States, or of this state; and shaU be organized, 
officered, armed, equipped and trained in such manner as may be provided 
by law. 



394 SCHOOL LAWS OF INDIANA 

See. 2. The governor shall appoint the adjutant, quartermaster and 
commissary generals. 

Sec. 3. All militia officers shall be commissioned by the governor, and 
shall hold their offices not longer than six years. 

Sec. 4. The general assembly shall determine the method of dividing the 
militia into divisions, brigades, regiments, battalions and companies, and fix 
the rank of all staff officers. 

Sec. 5. The militia may be divided into classes of sedentary and active 
miUtia in such manner as shall be prescribed by law. 

Sec. 6. No person conscientiously opposed to bearing arms shall be com- 
pelled to do militia duty ; but such person shall pay an equivalent for exemp- 
tion; the amount to be prescribed by law. 

Article XIII. 

POIJTICAL AND MUNICIPAL COHPOEATIONS. 

Section 1. No political or municipal corporations in this state shall ever 
become indebted, in any manner or for any purpose, to any amount, in the 
aggregate exceeding two percentum on the value of taxable property within 
such corporation, to be ascertained by the last assessment for state and 
county taxes, previous to the incurring of such indebtedness, and all bonds 
or obligations, in excess of such amount, given by such corporations, shall be 
void: Provided, That in time of war, foreign invasion, or other great pub- 
lic calamity, on petition of a majority of the property owners, in number and 
value, within the limits of such corporation, the piiblic authorities, in their 
discretion, may incur obUgation necessary for the public protection and 
defense, to such an amount as may be requested in such petition. 

[The original article 13 is stricken out and the amendment of March 21, 1881, in- 
serted in lieu thereof.] 

Article XIV. 

BOUNDABIES. 

Section 1. In order that the boundaries of the state may be known and 
established, it is hereby ordained and declared that the State of Indiana 
is bounded on the east by the meridian line which forms the western bound- 
ary of the State ot Ohio; on the south by the Ohio river, from the mouth 
of the Great Miami river to the mouth of the Wabash river; on the west, 
by a line drawn along the middle of the Wabash river, from its mouth to a 
point where a due north line, drawn from the town of Vincennes, would last 
touch the northwestern shore of said Wabash river; and thence by a due 
north Une, until the same shall intersect an east and west line, drawn through 
a point ten miles north of the southern extreme of Lake Michigan; on the 
north, by said east and west hne, until the same shall intersect the first- 
mentioned meridian line, which forms the western boundary of the State 
of Ohio. 

Sec. 2. The State of Indiana shall possess jurisdiction, and sovereignty 
co-extensive with the boundaries declared in the preceding section; and shall 
have concurrent jurisdiction, in civil and criminal cases, with the State of 



SCHOOL LAWS OF INDIANA 395 

Kentucky on the Ohio river, and with the State of Illinois on the Wabash 
river, so far as said rivers form the common boundary between this state 
and said states respectively. 

Article XV. 

MISCELLANEOUS. 

Section 1. All officers whose appointment is not otherwise provided for 
in this constitution, shall be chosen in such manner as now is, or hereafter 
may be, prescribed by law. 

See. 2. When the duration of any office is not provided for by this con- 
stitution, it may be declared by law; and if not so declared, such office shall 
be held during the pleasure of the authority making the appointment. But 
the general assembly shall not create any office, the tenure of which shall be 
longer than four years. 

Sec. 3. Whenever it is provided in this constitution, or in any law which 
may be hereafter passed, that any officer, other than a member of the general 
assembly, shall hold his office for any given term, the same shall be construed 
to mean that such officer shall hold his office for such term, and until his 
successor shall have been elected and quaUfled. 

Sec. 4. Every person elected or appointed to any office under this con- 
stitution shall, before entering on the duties thereof, take an oath or affirma- 
tion to support the constitution of this state and of the United States, and 
also an oath of office. 

Sec. 5. There shall be a seal of the state, kept by the governor for official 
purposes, which shall be called the seal of the State of Indiana. 

Sec. 6. All commissions shaU issue in the name of the state, shall be 
signed by the governor, sealed by the state seal, and attested by the secre- 
tary of state. 

Sec. 7. No county shall be reduced to an area less than four hundred 
square miles; nor shall any county under that area be further redticed. 

Sec. 8. No lottery shall be authorized, nor shall the sale of lottery 
tickets be allowed. 

Sec. 9. The following grounds owned by the state in Indianapolis, 
namely: The state house square, the governor's circle, and so much of out- 
lot numbered one hundred and forty-seven as lies north of the arm of the 
central canal, shall not be sold or leased. 

See. 10. It shall be the duty of the general assembly to provide for the 
permanent enclosure and preservation of the Tippecanoe battle ground. 

Article XVI. 

AMENDMENTS. 

Section 1. Any amendment or amendments to this constitution may 
be proposed in either branch of the general assembly; and if the same shall 
be agreed to by a majority of the members elected to each of the two houses, 
such proposed amendment or amendments shall, with the yeas and nays 
thereon, be entered on their journals and referred to the general assembly 
to be chosen at the next general election; and, if in the general assembly 



396 SCHOOL LAWS OF INDIANA 

SO next chosen, sueli proposed amendment or amendments shall be agreed 
to by a majority of all the members elected to each house, then it shall be the 
duty of the general assembly to submit such amendment or amendments 
to the electors of the state, and if a majority of said electors shall ratify the 
same, such amendment or amendments shall become a part of this constitu- 
tion. 

Sec. 2. If two or more amendments shall be submitted at the same time, 
they shall be submitted in such manner that the electors shall vote for or 
against each of such amendments separately ; and while such an amendment 
or amendments which shall have been agreed upon by one general assembly, 
shall be awaiting the action of the succeeding general assembly, or of the 
electors, no additional amendments or amendment shall be proposed. 

Schedule. 

This constitution, if adopted, shall take effect on the first day of Novem- 
ber, in the year one thousand eight hundred and fifty-one, and shall upersede 
the constitution adopted in the year one thousand eight hundred and six- 
teen. That no inconvenience may arise from the change in the govern- 
ment, it is hereby ordained as follows: . 

First. All laws now in force, and not inconsistent with this constitution' 
shall remain in force until they shall expire or be repealed. 

Second. All indictments, prosecutions, suits, pleas, plaints and other 
proceedings pending in any of the courts, shall be prosecuted to final judgment 
and execution; and all appeals, writs of error, certiorari and injunctions shall 
be carried on in the several courts, in the same manner as is now provided 
by law. 

Third. All fines, penalties and forfeitures, due or aeeruing to the state, 
or to any county therein, shall inure to the state, or to such county in the man- 
ner prescribed by law. All bonds exe-'uted to the state, or to any officer, 
:n his official capacity, shall remain in oree, and iniire to the use of those con- 
cerned. 

Fourth. All acts of incorporation for municipal purposes shall continue 
in force under this constitiition, until such time as the general assembly shall, 
in its discretion, modify or repeal the same. 

Fifth. The governor, at the expiration of the present official term, shall 
continue to act until his successor shall have been sworn into office. 

Sixth. There shall be a session of the general assembly, commencing 
on the first Monday of December, in the year one thousand eight hundred 
and fifty-one. 

Seventh. Senators now in office and holding over, under the existing 
constitution, and such as may be elected at the next general election, and the 
representatives then elected, shall continue n offi^^e until the. first general 
election under this constitution. 

Eighth. The first general election under this constitution shall be held 
in the year one thousand eight hundred and fifty- two. 

Ninth. The first election for governor, heutenant-governor, judges of 
the supreme court and circuit courts, clerk of the supreme court, prosecuting 
attorney, secretary, auditor, and treasurer of state, and state superintendent 



SCHOOL LAWS OF INDIANA 397 

of public instruction, under this constitution, shall be held at the general 
election in the year one thousand eight hundred and fifty-two; and such of 
said officers as may be in office when this constitution shall go into effect, 
shall continue in their respective offices until their successors shall have been, 
elected and qualified. 

Tenth. Every person elected by popular vote, and now in any office 
which is continued by this constitution, and every person who shall be so 
elected to any such office before the taking effect of this constitution (except 
as in this constitution otherwise provided), shall continue in office until the 
term for which such person has been, or may be, elected, shall expu-e: Pro- 
vided, That no such person shall continue in office after the taking effect of 
this constitution, for a longer period than the term of such office in this 
constitution prescribed. 

Eleventh. On the taking effect of this constitution, all officers thereby 
continued in office shall, before proceeding in the further discharge of then- 
duties, take an oath or affirmation to support this constitution. 

Twelfth. All vacancies that may occur in existing offices prior to the 
first general election under this constitution, shall be filled in the manner 
now prescribed by law. 

Thirteenth. At the time of submitting this constitution to the electors 
for their approval or disapproval, the article numbered thirteen, in relation 
to negroes and mulattoes, shall be submitted as a distinct proposition, in 
the following form: "Exclusion and colonization of negroes and mulattoes," 
"Aye," or '.'No." And if a majority of the votes cast shall be in favor of 
said article, then the same shall form a part of this constitution, otherwise 
it shall be void and form no part thereof. 

Fourteenth. No article or section of this constitution shall be sub- 
mitted as a distinct proposition to a vote of the electors otherwise than as 
herein provided. 

Fifteenth. Whenever a portion of the citizens of the counties of Perry 
and Spencer shall deem it expedient to form, of the contiguous territory of said 
counties, a new county, it shall be the duty of those interested in the or- 
ganization of such new county, to lay off the same by proper metes and 
bounds of equal portions as nearly as practicable, not to exceed one-third 
of the territory of each of said counties. The proposal to create such new 
county shall be submitted to the voters of said counties, at a general election, 
in such manner as shall be prescribed by law. And if a majority of all the 
votes given at said election shall be in favor of the organization of said new 
county, it shall be the duty of the general assembly to organize the same out 
of the territory thus designated. 

Sixteenth. The general assembly may alter or amend the charter of 
Clarksville, and make such regulations as may be necessary for carrying 
into effect the objects contemplated in granting the same, and the funds 
belonging to said town shall be apphed according to the intention of the 
grantor. 



398 SCHOOL LAWS OF INDIANA 

Done in eonvention, at Indianapolis, the tenth day of February, in the 
year of our Lord, one thousand eight hundred and iifty-one, and of the in- 
dependenf'e of the United States, the seventy-fifth. 

George Whitefield Carr, 
President and Delegate from the County of Lawrence. 

Attest: Wm. H. English, 

Principal Secretary. 

Geo. L. Sites, 
Herman. G. Barkwell, 
Roberts M. Evans, 

Assistant Secretaries. 



SCHOOL LAWS OF INDIANA 399 



ADDENDA 



The original sections stricken out or amended read as follows: 

Article II. 

SUFFRAGE AND ELECTION. 

Section 2. In all elections, not otherwise provided for by this constitution, every 
white male citizen of the United States, of the age of twenty-one years and upwards, 
who shall have resided in the state during the six months immediately preceding siich 
election; and every wlilte male, of foreign birth of the age of twenty-one years and 
upwards, who shall have resided in the United States one year, and shall have resided 
in this state during the six months immediately preceding such election, and shall 
have declared his intention to become a citizen of the United States, conformably to 
the laws of the United States on the subject of naturalization, shall be entitled to vote 
in the township or precinct where he may reside. 

Sec. 5. No negro or mulatto shall have the right of suffrage. 

Sec. 14. All general elections shall be held on the second Tuesday in October. 

Article IV. 

LEGISLATIVE. 

Section 4. The general assembly shall, at its second session after the adoption 
of this constitution, and every six years thereafter, cause an enumeration to be made 
of all the white male inhabitaiits over the age of twenty-one years. 

Sec. 5. The number of senators and representatives shall, at the session next fol- 
lowing each period of making such enumeration, be fixed by law, and apportioned 
among the several counties, according to the number of white male inhabitants, above 
twentj^-one years of age, in each; Provided, That the first and second elections of 
members of the general assembly, under this constitution, shall be according to the 
apportionment last made by the general assembly, before the adoption of this con- 
stitution. 

Sec. 22. In relation to fees or salaries. 



Article VII. 

JUDICIAL. 

Section 1. The judicial power of the state shall be vested in a supreme court, in 
circuit courts, and in such inferior courts as the general assembly may establish. 

Article XIII. 

NEGliOES AND MULATTOES. 

Section 1. No negro or mulatto shall come into, or settle in, the state, after the 
adoption of this constitution. 

Sec. 2. All contracts made with any negro or mulatto coming into the state, con- 
trary to the provisions of the foregoing section, shall be void; and any person who shall 
employ .such negro or mulatto, or otherwise encourage him to remain in the state, 
shall be fined in any sum not less than ten dollars, nor more than five hundred dollars. 

Sec 3. All fines which may be collected for a violation of the provisions of this 
article, or of any law which may hereafter be passed for the purpose of carrying the 
same into execution, shall be set apart and appropi"iated for the colonization of such 
negroes and mulattoes, and their descendants, as may be in the state at the adoption 
of this constitution, and may be willing to emigrate. 

Sec 4. The general assembly shall pass laws to carry out the provisions of this 
article. 



400 SCHOOL LAWS OF INDIANA 



INDEX TO CONSTITUTION. 



PAGE 

CONSTITUTION OP INDIANA ; 377 

Addenda 399 

Administrative 387 

Amendments 395 

Bill of Rights 378 

Boundaries ' 394 

Corporation 392 

Distribution of powers 381 

Education 390 

Executive 385 

Finance 39 1 

Historical sketch 377 

Judicial 388 

Legislative 382 

Militia : 393 

Miscellaneous 395 

Political and municipal corporations 394 

Preamble 378 

Schedule 396 

State institutions 391 

Suffrage and election - 380 



INDEX 



[References are to sections unless otherwise noted.] 

A ■ 

ABANDONMENT OF SCHOOLS, 

board of trustees may convey property to township, 271i. 

by board of school trustees in incorporated towns, 271h. 

by trustee when average daily attendance fifteen or less, 271c. 

civil town may assume debt of school town, 271k, 1. 

conditions governing use of grounds for park purposes, 271e. 

consent of voters, when necessary, 271h. 

conveyance of property to township, 271i. 

dissolution of school corporation, 27 Ih. 

petition by majority of legal voters, 271a. 

re-establishment, 271b. 

township control, 271j. 

when real estate used for park purposes in cities of fifth class, 271d. 

ACCREDITED NORMAL SCHOOLS, 

course of study, 644. 

two-year course, diploma, 645, 646. 
requirements for, how fixed, 643. 
. term '•accredited" when to and when not to be used as part of name of 
school, 647, 648. 

ADVISORY BOARD, 

appointment of first members, 818. 

duties, 807. 

emergency expenditures authorized by, 812. 

may levy tax for library purposes, 842, 847, 854. 

meetings of, 808. 

taxpayers may attend, 808. 

township trustees to attend, 810. 

upon special call, 812. 
provisions for payment, 106. 
salary of, 811. 

shall examine and pass upon trustee's annual report, 814. 
term of office, 807. 
transfer of funds, 113. 
vacancies, how filled, 807. 
when and how elected, 807. 

AGRICULTURAL COLLEGE, 

See Purdue University. 

AGRICULTURAL INSTRUCTION, 
Indiana University, 691. 

» (401) 



402 INDEX. 

[References are to sections unless otherwise noted.] 

AGRICULTURAL SUPERVISOR, 

qualifications, pag'e 45. 

ALCOHOL, 

instruction in effect of, 137 
teachers examined in subject of, 117. 

ANNEXED TERRITORY, 
fechoolhouse in, 190. 

APPEALS, 

from county superintendent to superintendent of public instruction, 60. 
from decision of county superintendent in issuing success grades,'' 46. 
from school director to township trustee, 145. 
from township triistee to county superintendent, 59. 
revocation of license by county superintendent appealed to superinten- 
dent of public instruction, 51. 

APPORTIONMENT, 

among eoimties, 414. 
among school corporations, 413. 
balance unapportioned, disposition of, 412. 
congressional township divided, 407. 
contents of reports, 406. 
county auditor's reports as to, 405. 
deficiency certificate, how issued, 417, 418. 
distribution of 5.2 per cent of fund, 415. 
dog tax fund, how distributed, 422. 
failure to report liability, 408, 413. ^ 

. manner of apportionment, 413. 
payment to treasurers, 410, 411. 
printed statement as to, 409. 
semi-annually, 404. 
sinking fund, interest on, 421. 
time of making reports, 406. 
town or township deficiency, eertifieate for, 416. 
trustee, duty as to, 423, 424. 

ARBOR DAY. 

designation, 165. 

Governor's proclamation, 166. 

observance, 165. 

ART ASSOCIATIONS, 

cities of first class, to pay money to, conditions, 329-335. 

ART SUPERVISOR, 

qualifications, page 45. 

ASSISTANT STATE SUPERINTENDENT OF PUBLIC INSTRUC- 
TION, 

salary of, 9a. , 



INDEX. 403 

[References are to sections unless otherwise noted.] 

ASSOCIATIONS, TEACHERS, 
attending, pay for, 129. 

ATTENDANCE OFFICER, 

appointment of, 612. 

cities may have, 613. 

duties, 611, 612. 

salary of, 614. 

teachers to report to, 615. 

trustees to report to, 622, 623. 

AUDITOR, 

See County Auditor. 
bond for, in cities of fli'st class, 304. 

B 

BANK TAX FUND, 

constitutional provision, 23. 

BEQUESTS, 

exemrjt from taxation, Avhen, 548. 

BIBLE, 

not to be excluded from public schools, 130. 

BLIND, 

compulsory education, 609. 

BOARD OF COUNTY COMMISSIONERS, 
report on school fund, 536-538. 

BOARDS OF COMMISSIONERS, 

See School Boards. 
» 

BONDS, 

additional bonds issued, 559. 

auditor in cities of first class to give, 304. 

business director in cities of first class to give, 298. 

cities and towns may issue for funding or refunding indebtedness, 554. 

cities and towno to issue for grounds, buildings and repairs, 556. 

civil and school townships may issue for school purposes, when, 583-589. 

condition before issuing, 552. 

for school buildings, 549. 

for school trustees, 73. 

for vocational township school, 398. 

in anticipation of current revenue, 560, 561. 

in cities of first class, additional for high school, 395. 

in cities of first class, for buildings and grounds, 325. 

in cities of first class, issued by school, 315. 

in cities of second class, issue of, 562-565. 

in towns and cities of 1,000 to 5,000, trustees may issue, 566-568. 



404 INDEX. 

[References are to sections unless otherwise noted.] 

BONDS— Continued. 

in towns of not over 1,000, trustees may issue, 576, 577. 

levy for interest and sinking fund, 555. 

proceeds of sale of, used how, 550. 

school boards in cities of 15,000 to 30,000 to issue for library purposes, 

878. 
special tax for, 551. 

surplus special school revenue to be applied on, 553. 
taxes levied to pay, 557. 

township trustees may issue to fund or refund indebtedness, 578, 579. 
towns of not over 2,000 may issue, when, 570-575. 
trustees to give when, 558. ' 

BOOKS, 

See Text-Books. 

BUSINESS DIRECTOR, 

cities of first class, 295, 298. 

BY-LAWS, 

adoption by state board, 24. 



CARNATION, 

state flower, 169. 

CERTIFICATES, 

See License. 

township debts legalized, 102. 

CIRCUS LICENSE, 

money for part of school fund, 429-431. 

CITIES, 

annexed territory, 

school property in, liability for debt, 192. 
cities over 50,000 exempted from school trustee provisions, 72. 
school city, 78. 

CITY SUPERINTENDENT, 

cities of first class, 296. 
duty to visit teachers, 36. 

COLLEGE GRADUATES, 

examination for life licenses, 251b. 

COLORED CHILDREN, 

separate schools for, 134. 



INDEX. 405 

[References are to sections unless otherwise noted.] 

COMMON SCHOOL FUND, 

See School Fund. 
eonstitutional provisions, 2-7. 
counties held liable, constitutional provision, 6. 
county superintendent to inspect official dockets, records, books of 

account, etc., 57. 
escheated lands, 2. 
how derived, 2. 

interest on, paid and apportioned by county superintendent, 58. 
investment and distribution, constitutional provision, 4. 
principal, a perpetual fund, constitutional provision, 3. 
proceeds of sale of county seminaries, 2. 
reinvestment, constitutional provision, 5. 
report of additions for the year in superintendent's report to the 

Governor, 12. 
school trustees to keep record of school revenue, 79. 
sources, 2. 

special school fimd, tax for, 363. 
special school revenue and school revenue for tuition, school trustees 

to distinguish between, 79. 
superintendent of public instruction to examine condition of school 

fund in each county, 14. 
supervised by superintendent of public instruction, 16. 
supplementary tuition fund, tax for, 365. 
surplus special school revenue paid over by school trustees to common 

council, etc., 80. 
taxes on corporations, 2. 
tax for, 361. 

trust funds inviolate, constitutional provision, 7. 
what included in fines and forfeitures, 2. 

COMMON SCHOOLS, 

See Schools. 
grade of license, page 43. 
issuance of teachers license by state superintendent, pages 41-46. 

COMPULSORY EDUCATION, 

children affected by, age, established how, 609. 

blind, 609. 

confirmed truant, provisions for, 619. 

deaf, 609. 

employment, age limit, 610, 611. 

ineorrigibles, provisions for, 618. 

temporary aid for, 617. 
penalty for violation, 623, 625. 

CONDITIONED SUBJECTS, 
examinations, page 42. 



406 INDEX. 

[References are to sections unless otherwise noted.] 

CONSOLIDATED SCHOOLS, 

board of trustees, election, salary, etc., 262, 263. 
joint property, 265. 
' new buildings, 264. 

preliminary control of, 261. 
transportation of pupils, 266. 

CONSOLIDATION OF SCHOOLS, 
by town and township, 267-271. 
by township, town or city of fifth class, 258. 
control of, 257. 
election to determine, 259. 

manner and expense of, 260. 
petition for, 256. 

CONSTITUTIONAL PROVISIONS, 
counties held liable for fund, 6. 
investment and distribution, 4. 
reinves.tment, 5. ' 

superintendent of public instruction, 8. 
trust funds inviolate, 7. 

CONTRACTS, 

in cities of first class, when to be in writing, 308. 

CONTRACTS, TEACHERS, 
forms for, 116. 

CORONER, 

money held by to become part of school fund when, 428. 

CORPORATIONS, 

tax for school fund, 2. 

COUNTY AGENT, 

appointment of, duties, 387. 

COUNTY AUDITOR, 

duty to make reports for revenue apportionment, 405-408. 

COUNTY BOARD OF EDUCATION, 
membership and duties, 94. 

COUNTY HIGH SCHOOLS, 

See High Schools. 
management of, 203, 204. 
trustees for, duties, 204. 

COUNTY SEMINARIES, 

proceeds of sale, part of school fund, 2. 

COUNTY SUPERINTENDENT, 

additional salaries Jn certain counties, 31. 

appeal from, to superintendent of public instruction, 60. 



INDEX. 407 

[References are to sections unless otherwise noted.] 

COUNTY SUPERINTENDENT— Continued. 

appeal to, from township trustee, 59. ■ 

appeal to in matter of transfer of pupils, 274. 

assistant, how secured, 33. 

cities exempt from superintendence, 35. 

duty to visit teachers, 36. 

election, 27. 

enumerates children, under what conditions, 54. 

enumeration report made annually, 55. 

forbidden interest in private normal school, penalty, 61-63. 

general duties, 34. 

impeachment, cause for, 28. 

inspection of official dockets, records, books of account, etc., dealing 

with school funds, 57. 
interest on school fund paid and apportioned by, 58. 
issues success grades, 45. 

makes report for use in apportionment of school revenue, 56. 
may issue temporary teaching permits, under what conditions, 41. 
may revoke license, 51. 
office and supplies, how furnished, 52. 
private normal schools, interest in, 61. 
qualifications of, 27. 

records kept by and delivered to successor, 47. 
salary in the several counties, 30. 
shall collect fee from applicants for state license, 38. 
shall provide for examination of common school pupils, 37. 
shall hold examination for applicants for teachers license, 38. 
term of office, 27. 
traveling expenses, 32. 
vacancy, 27. 

D 

DEAF, 

compulsory education, 609. 

DEFICIENCY, 

counties, in common school fund, 433. 

in town or township school revenue, 416-420. 

DEFICIENCY CERTIFICATE FOR SCHOOL REVENUE, 
when and how issued, 416. , 

DEPARTMENT OF PUBLIC INSTRUCTION, 

See State Superintendent op Public Instruction, 
appropriation for, 9a. 

DEPENDENT CHILDREN, 

compulsory education law applies to, 624, 625. 

DEPOSITORIES, PUBLIC FUNDS, 

amount of deposits, determination, 906. 



408 INDEX. 

[References are to sections unless otherwise noted.] 

DEPOSITORIES, PUBLIC FUNDS— Continued. 

checks on, how signed, 909. 

examination of, reports submitted; 910. 

monthly statements by, 909. 

selection of without notice, 911. 
auditor of state, calling for reports, 910. 
balances daily to be shown, 890. 
boards and trustees, payment of funds, 892. 
cash books, entries, balances, 890. 
checks on depositories, how signed, 909. 
cities and towns, board of finance, 897. 

composition, 897. 
county board of finance, 895. 

auditor is secretary, 895. 

composition, 895. 

salary of, 896. 
depositories, requirements, 900. 

bonds, amount for surety, 900. 

creation of depositories, 905. 

deposits of bonds as surety, 901. 

revocation of rights, appeal, 905. 

state depositories, 906. 

surety disapproved, decision of court, 902. 
duty of officers to make deposits, 899. 

amount of, boards determine, 906. 

daily deposits required, 912 
embezzlement by officers, 912. 
examination of depositories, 910. 

reports submitted to examiner, 910. 
fees and salaries, payments, 893. 
interest on deposits, 904. 

settlements for, 909. 
loss of funds, exemption, 913. 
notice for proposals, 903. 

selection of without notes, 911. 

officers relieved from loss, 913, 
proposals for deposits, notice, 903. 

interest on deposits, 904. 

submitting for deposits, 904. 
salaries and fees, payment, 893. 
schools, boards of finance, 898. 

who to compose, 898. 
securities deposited, title to, 907. 

default, sale of, 907. 
state board of finance, 894. 

composition of board, 894. 

depositories, selection, 906. 

institutions, payment of funds, 892. 

institutions, payment of funds, duties of board, 894, 908. 



INDEX. 409 

[References are to sections unless otherwise noted.] 

DEPOSITORIES, PUBLIC FUNDS— Continued. 

treasurer, payments to, 891.^ 
surety required of depositories,^900;^901. 

disapproval, decision of court, 902. 

sale of securities deposited, 902. 
towns, boards of finance, 897. 

composition, 897. 

DEPUTY STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, 
salary of, 9a. 

DISPENSARIES, 

relief provided for indigent children, after medical inspection, 156. 

DOG TAX, 

hydrophobia fund, 432. 
surplus fund, 422. 

DOMESTIC SCIENCE SUPERVISOR, 
qualifications, page 46. 

DONATIONS, 

for high schools, 202. 

DONATIONS. BEQUESTS, 

conditions, performance, 196-200. 

E 

ELEEMOSYNARY INSTITUTIONS, 

conditions for receiving children, 624. 

penalty for violating compulsory education law. 625. 

ELEMENTARY SCHOOLS, 
defined, 146. 

EMERGENCY SCHOOL TOWNSHIP DEBTS, 

legalized, 95. 

EMINENT DOMAIN, 

school board has power of, cities of the first class, 317. 

KMPLOYMENT OF CHILDREN UNDER SIXTEEN, 

See Compulsory Education. 

ENUMERATION, 

county superintendent's failure to make report, penalty for, 55. 
duplicate reports where congressional township in more than one 

county, 93. 
duties of enumerators, 621. 

enumerators appointed by school trustees, salary, etc., 89, 90. 
list of soldiers and sailors filed with clerk of court, 92. 
orphans, 280. 



410 



INDEX. 



[References are to sections unless otherwise noted.] 

ENUMERATION— Continued. 

provisions for when trustee fails to take, 54. 
retaken when, 55. 

school trustees to take, and who enumerated, 89. 
soldiers and sailors, 91. 

ESCHEATS, 

part of school fund, 2. 

ESTRAYS, 

fund from, 427. 

EXAMINATION QUESTIONS, 
penalty for traffic in,. 52. 

EXAMINATIONS, 

See Licenses. 
exemptions from, under what conditions, 43. 
fees for examination, page 43. 
for applicants for teachers license, 38. 
for common school pupils, 37. 

for licenses issued by state superintendent, pages 41-46. 
high school equivalency, page 48. 

license for common school by state superintendent, pages 41-46. 
rules for examination for professional and life license, pages 40, 41. 
subjects required for elementary license, 39. 
when teachers conditioned in two subjects, 40. 

EXEMPTION LICENSE, 
invalid when, 44. 
issuance by state superintendent, page 46. 

F 

FARMERS' INSTITUTES, 
provisions for, 790. 

FARMERS' READING COURSES, 

provisions for, 786. 

FEES, 

payment by applicants for state license, 38. 

state superintendent's examination for common school license, pages 
4146. 

FERRYMAN'S LICENSE, 

money for part of ^school fund, 429-431. 

FINES AND FORFEITURES, 

part of common school fund, 2. 

FIRE ESCAPES, 

provisions for, 221-226. 



INDEX. 411 

[References are to sections unless otherwise noted.] 

FLAG, 

destruction or mutilation unlawful, 161. 

display of, 160. 

how procured, 159. 

penalty for, destruction or mutilation, 162. 

FOREIGN LANGUAGE, 

instructors in German language, 136. 

FUNDING BONDS, 

sales legalized, 98. 



GERMAN, 

instructors in, provided by school trustees, 136. 

GOVERNOR, • 

appoints members of state board of education, 23. 
Indiana University, a member of board of visitors, 678. 
proclamation announcing text-book contract, 594. 

GRADES, 

licenses for common school issued by state superintendent, pages 
41-46. 

GRADUATION EXAMINATIONS, 

county superintendent to provide for, 37. 

H 

HEALTH INSPECTION, 

cities of first class, 336, 337. 

HIGH SCHOOL DISTRICT, 
control of, 248. 

expenses, apportionment, 249. 
withdrawal from, 251. 

HIGH SCHOOL INSPECTOR, 

duties, 148. 
' how appointed, 148 
salary of, 148. 

HIGH SCHOOL LICENSE, 

requirements for, page 44. 

HIGH SCHOOLS, 

county, management of, 203, 204. 

courses and studies, 146, 147. 

defined, 146. 

donations for, 202. 

established in township, how, 254, 255. 



412 INDEX. 

[References are to sections unless otherwise noted.] 

HIGH SCHOOLS— Continued. 

inspector, appropriation for, 149. 

inspector, duties, 148. 

inspector, how appointed, 148. 

inspector, salary of, 148. 

joint townsliip high schools. 253. 

license issued to teacher by state superintendent, page 44. 

term, continuance by school trustees, 132. 

township, araount of taxable property required to establish, 255, 

uniform text-books for, 600. 

HYDROPHOBIA FUND,^ 

dog tax, 432. 

HYGIENE, 

teaching of, 201. 



IMPEACHMENT, 

county superintendent, 28. 

INDEBTEDNESS, 

legalized, 580-582. 

INDIANAPOLIS, 

See Schools in Cities of First Class. 
pensions for teachers, 942-958. 

INDIANA SOLDIEES' AND SAILORS' ORPHANS' HOME, 

admission to, 286. 

INDIANA STATE NORMAL, 

tax for, 368. 

INDIANA UNIVERSITY, 

agricultural department, 691. 
alumni of university, 664. 

meeting to elect trustees, 666, 

nomination of trustees, 665. 

registry of alumni, 664. 

voting by, how done, 667. 
board of visitors, who are, 678. 

attendance at commencement, 679. 

duty of board, 680. 

record of proceedings, 681. 
counties may send two students free, 675. 

notice given to counties, 676. 
endowment fund, 650. 

application of fund, 651. 

issue of bond to trustees, 652. 



INDEX. 413 

[References are to sections unless otherwise noted.] 

INDIANA UNIVERSITY— Continued. 

loan of funds, 653. 

mortgage, record of, 654. 

state a preferred borrower, 655. 
faculty, who to compose, 672. 

geological examinations, 685. 

lectures by faculty, 684. 

powers of faculty, 672. 

state geologist a member, 695. 
funds, interest on loans paid to, 671. 

abstract of title. 705. 

account of funds, 720. 

account with borrowers, 721. 

amount bid at sale, 714. 

amount of loans, 700. 

auditor of state not to loan, 703. 

auditor of state to loan, 697. 

bidding in by auditor, 713. 

by counties, 764. 

certificate as to liens, 704. 

collection of money loaned, 761. 

deed for land, recording, 717. 

distribution to counties, 762. 

fees of officers, 719. 

interest, loan of, 722. 

interest, rate of, 701. 

judgment mthout release, 710. 

loans made in counties, 762. 

manner of sale, 712. 

mortgage, form of, 698. 

note, form of, 699. 

payment of loan, 707. 

pay of officers for managing fund, 730. 

record and priority, 702. 

recording of loans, 703. 

sale for cash, certificate, 717. 

sale of mortgaged property, 711. 

sale on credit, mortgage, deed, 718. 

satisfaction of mortgage, 708. 

security of loans, 700. 

statement of sale, 715. 

suit for deficiency after sale of mortgaged lands, 765. 

suits to enforce mortgage, 709. 

title of state to land bid in, 716. 

warrant on treasurer, 706. 

what to consist of, 696. 
gifts received by for educational purposes, 799-806. 
interest applied on expenses, 696. 

current expenses, how paid, 696. 



414 



INDEX. 



[References are to sections unless otherwise noted. 



INDIANA UNIVERSITY— Continued. 

lands bid in by auditor, appraisement of lands granted, 734. 

assignment of certificate, 743. 

care of unsold lands, 723. 

certificate of purchase, 741. 

extension of payments, 731. 

fees'of officers, 754. 

forfeiture by' purchaser, 744. 

forfeiture, release by payment, 732. 

information to trustees, 760. 

lease of unsold lands, 725. 

loan of moneys, 755. 

members not to purchase, 759. 

notice of sale, 737. 

patents for lands, 724, 750. 

patents, recording of, 729. 

payment before sale, 746. 

payment of money collected, 727. 

payment to state treasiu-er, 753. 

pay of commissioners, 728. 

place and manner of sale, 738- 

private sale, terms, 740. 

proceeds of sales, disposal, 756. 

recording and filing copy, 735. 

redemption of lands, 747. 

register of certificate, 742. 

report by treasurer, 752. 

report of commissioners, 726. 

report of sales, 751. 

report of sales by trustees, 757. 

resale of lands, 744. 

sale by county auditor, 736. 

sale of forfeited lands, 733. 

security against waste, 748. 

suit for waste, 749. 

surplus proceeds, disposal, 745. 

terms of sale, 739. 

timber on lands, use of, 723. 

trustee to attend sales, 758. 
librarian, state, books sent to university, 694. 
mortgage, auditor of state not to loan, 763. 

collection of loans, 761. 

interest paid by counties, 764. 

loans of in counties, 762. 

suit for deficiency after sale, 765. 
normal department of, 690. 

regulations of department, 690. 
religious qualifications not required, 673. 



INDEX. 415 

[References are to sections unless otherwise noted.] 

INDIANA UNIVERSITY— Continued. 

no sectarian tenets taught, 674. 
scholarships transferable, 692. 

contingent fee for, 693. 

perpetual scholarships, 693. 
tax for, 368. 
treasurer of university, election of, 656. 

bond and approval, 677. 

duties of, 682. 
trustees, agricultural department, 691. 

alumni to elect, 662, 

annual meeting of, 668. 

annual report, contents, 684, 685, 687. 

buildings committee, 689. 

control of funds and property, 656. 

corporate name of, 656. 

duties and pay of officers, 656. 

election and terms, 661. 

filling vacancies, 662. 

first, 657. 

first meeting of, 658. 

general powers and duties, 656. 

medical school, trustees may conduct, 766. 

nomination of trustees, 665. 

normal department, 690. 

notice of sessions, 688. 

number of, 656. 

officers elected by, 656 

pay of, 660. 

printing of report, 686. 

quorum of board, 669. 

report to state superintendent, 683. 

requisition for expenses, 696. 

residence of, 656. 

seminary township boards, 670. 

temporary appointments, 669. 

terms of, 663. 

vacancies, howt^fllled, 659. 

INDIGENT CHILDREN, 
appropriation for, 135. 

INDUSTRIAL AND TRADE SCHOOLS IN CITIES OF 200,000 POPU* 
LATION, 

maintenance and operation, 339. 

INDUSTRIAL ARTS SUPERVISOR, 
qualifications, page 45. 

INSPECTOR, 

high school, 148. 



416 INDEX. 

[References are to sections unless otherwise noted.] 

INSTITUTES 

See Teachers Institutes. 

J 

JANITORS, 

dismissal, cities of first class, 297. 
medical examination of, 156. 
school trustees to appoint, 77. 

JOINT SCHOOLS, 

control, 235, 236. 

graded joint school. 237. 

high school district, determined how, 246-252. 

joint township high school, 253. 

towns and township to join, 241-246. 

control, 244. 

cost, 243. 

election, 241, 242. 

joint ownership of property, 244. 
two or more townships may establish, 234-239. 

K 

KINDERGARTEN, 

established by school trustees, 150. 

issuance of license by state superintendent, page 46. 

tax collected and disbursed, 152. 

tax for, 151. 

KINDERGARTEN SUPERVISOR, 

qualifications, page 46. 

L 

LANDS, 

See Indiana University; School Fund. 
belonging to congressional township fund, custody of, 435, 436, 

LEGAL HOLIDAYS, 

days included, 164. 

LEGAL NOTICES, 

may be published in weekly or daily newspaper. 111. 

LIBRARIES, 

city and town, county may aid, conditions, 885, 889. 

school authorities may take charge, 858. 
city and town schools, acceptance and control, 861-867. 

libraries connected with, 858. 

real estate held, 871. 

tax in cities of 15,000 to 30,000, 878. 

tax in cities of 30,000, 875. 

tax to support, 860. 



• INDEX. 417 

[References are to sections unless otherwise noted.] 

LIBRARIES— Continued. 

city, town and township boards, certificates of appointment, 838. 

donation of library, 843. 

establishment and control, 835-846. 

fund raised for, used how, 841. 

how appointed, 837. 

oath, 838. 

organization, 839. 

parks used for library purposes, 873. 

removal of members, 844. 

report to township, when, 849. 

special tax for, 837. 

subscriptions collected by, 840. 

taxation rate fixed by, 840. 

township trustee ex officio member when, 837. 

treasurers report as to, 845. 

who eligible, 837. 

who may use, 842. 
county how established, 882. 

disposition of funds, 884. 

library board, 882, 883. 

library board, oath of members, 883. 

may use city or town Ubrary, conditions, 885-889. 

organization of board, 884. 

powers and duties of board, 884. 

treasurer, duties, liabilities, 876, 877. 
county may aid, conditions, 885-889. 
payment for out of special school fund by cities, 872. 
school authorities may take charge of, 858. 
tax for township libraries, 867. 
townships, libraries open to, 847. 

tax levied by, 847. 
transfer of town property to library board, 880. 
transfer to library association, 869-871. 

LIBRARY -COMMISSION, 

See Public Library Commission. 

LIBRARY, STATE, 

control of by state library board, 819. 
legislative papers to be preserved in, 824. 
librarian, assistants, how appointed, 821. 

assistants, salary of, 829. 

bond of, 821. 

distribution of publications by, 834. 

election, term, duties, 820. 

exchange or sale of books by, 825. 

loan of books by, 827. 

misappropriation of books by, penalty, 826. 

report to the legislature, 830. 



418 INDEX. • 

[References are to sections unless otherwise noted.] 

LIBRARIES, STATE— Continued. 

salary of, 829. 

state documents to be delivered to, 833. 

term of office, 821. 
library board, rules and regulations made by, 828. 
penalty for violation of laws governing, 832. 
removal of librarian or assistant, 832. 
state documents to be preserved in, 823. 
when to be kept open, 822. 

LICENSE, 

See Teachers. 
applicants for state license to pay fee, 38. 
county superintendent may revoke, 51. 
issued by county superintendent, common school, page 46, 

primary, page 46. 

temporary permits, page 47 and section 41. 
issued by state board of education, life, page 40. 

professional, page 39. 

special, page 41. 
issued by state superintendent of public instruction, pages 41-46. 

by validation, page 46. 

common school, page 41. 

exemption, page 46 and section 43. 

high school, page 44. 

kindergarten, page 46. 

primary, page 44. 

supervisor, page 45. 
penalty for traffic in examination questions, 53. 
professional hcense, conditions for, 42. 
state normal diplomas valid as life state licenses, page 47. 

LIFE LICENSES, 

examination for by state board, page 40. 
excepted subjects,, page 40. 

LOANS, 

See School Fund. 



M 



MANUAL TRAINING, 

in cities of first class, 321-323. 

MEDICAL INSPECTION, 
defined, 154. 
how instituted,[l53. 
physician, duties, 156. 



INDEX. 419 



[References are to sections unless otherwise noted. 

MEDICAL INSPECTION— Continued, 
physician, how appointed, 155. 
rules for enforcement, 157. 

MEDICAL INSPECTION LAW, 
penalty for violation, 158. 

MEDICAL SCHOOLS, 

Indiana University, 766. 

MILITARY TRAINING, 

instructors may act as physical directors, 174. 
not compulsory, 175. 
provision for, 173. 

MINIMUM WAGES, 

for teachers, 123. - 



MORTGAGES, 



See School Fund. 



MUSIC SUPERVISOR, 

qualifications, page 45. 

MUTILATION, 

See FLAf!. 

N 
NARCOTICS, 

instruction in effect of, 137. 

NIGHT SCHOOL, 

where and how maintained, 171. 
who may attend, 172. 

NORMAL SCHOOL, 

See Accredited Normal School; State Normal School, 

NOTICES, 

by township trustee of advisory board meeting, 809. 
by township trustee of contracts to be awarded, 815. 
by township trustee of proposed rate of taxation, 809. 

O 

OATHS, 

by whom administered, 65. 

OPINIONS, 

state superintendent of public instruction, 11. 

ORPHANS, 

transfer of pupUs, 280-284. 

ORPHANS' HOME, 

admission of soldiers' and sailors' orphans, 286. 



420 INDEX. 

[References are to sections untess otherwise noted.] 

P 

PARKS, 

abandoned school grounds used for, 271d. 

city council may accept abandoned school grounds, 271f. 

use of for library purposes, 873. 

PENALTIES, 

for destruction or mutilation of flag, 162. 
for violating text-book law, 608. 
violation of medical inspection law, 158. 

PENSIONS. 

in cities from 20,000 to 100,000 population, 

board, authority to make by-laws, 978. 

boai'd, how composed, 970. 

board, officers of, 971. 

board, to levy tax for, 972. 

exempt from attachment, 979. 

fund, board of commissioners in charge of, 959, 970. 

fund for, 970. 

how classified, 975. 

investment of fund, 973. 

rules and regulations governing, 972. 

sinking fund for, 974. 

teachers assessed for, 972. 

teachers exempt from paying fees when, 972. 

who eligible for, 980. 

years of service of teachers, how computed, 976, 977. 
Indianapolis law, 

amount to be awarded, 947. 

cancelation, 957. 

exempt from seiziire, 956. 

fund for, 942, 944. 

fund, how raised, 944. 

investment of funds, 945. 

payments, when to be pro rated, 954. 

re-examination of pensioners, 949. 

retirement of teachers, 950, 951. 

sinking fund for, 946. 

time and place of payment of, 955. 

trustees, 942. 

trustees, authority to make by-laws, 952. 

trustees, duties and powers, 943-946. 

when teachers to receive refund, 953. 

who eligible for, 958. 

years of service, how computed, 948. 
state-wide law, 

amount awarded applicants, conditions, 936. 

exemption from execution, 938. 



INDEX. 421 

[References are to sections unless otherwise noted.] 

PENSIONS— Continued. 

fund, consists of what, 921. 
fund for, 920. 

fund, state treasurer in charge of, 930. 
investment of fund, 935. 
payment of arrearages, 933. 

school corporations may accept pro\is^"ons, conditions, 926. 
state institutions may accept provisions for, 927. 
subsequent applications for, 941. 
teachers assessed for, 932. 

trustees, duties and powers of, 928, 929, 931, 934, 935. 
trustees for, 922. 
trustees, fund controlled by, 929. 
trustees investment of funds by, 935. 
trustees, organization of, 923. 
trustees, pass upon applications for pensions, 931. 
trustees, record of units and teachers, kept by, 934. 
trustees, state treasurer custodian of funds, 930. 
units for administration, 924. 
units, teachers of, to petition, 925. 
who eligible, 939. 
withdrawal of conditions, 940. 
years of service of teachers, how computed, 937. 
Terre Haute law, 

board and officers, duties of, 960. 

board, authority to make by-laws, 967. 

board, how composed, 959. 

board, to levy tax for, 961. 

board, vacancies how filled, 959. 

exempt from seizure or levy, 968. 

fund for, 959. 

fund, how controlled, 961. 

fund, tax for, 961. 

fund, teachers assessed for, 961. 

how classified, 964. 

investment of funds, 962. 

sinking fund for, 963. 

who eligible for, 969. 

years of service of teachers, how computed, 965, 966. 

PHYSICAL CULTURE SUPERVISOR, 

qualifications, page 45. 

POLITICAL PARTIES, 

use of schoolhouse by, 178. 

PRIMARY SCHOOLS, 

license issued to teacher by state superintendent, page 44. 

PRIVATE SCHOOLS, 

schoolhouse used for, 177. 



422 INDEX. 

[References are to sections unless otherwise noted.] 

PROFESSIONAL EXAMINATIONS, 
by state board, 25. 

PROFESSIONAL LICENSE, 

issuance by state board of education, page 39. 
rules for examination, page 40. 

PUBLIC LIBRARY COMMISSION, 
annual report required of, 850. 
appropriation for, 851. 
duties, 850. 
employes of, 850. 
members of, how appointed, 849. 

members of, not to be interested in publication or sale of books, 857. 
office, where, 850. 
official documents and publications supplied by, to libraries, 857. 

PUBLIC PLAYGROUNDS AND BATHS, 
where and how established, 341-343. 

PURDUE UNIVERSITY, 

acceptance of benefits of acts of congress, 767, 797, 798. 
acceptance of United States grant, 793. 
agricultural experiment station work, 794. 

appropriation for, 794. 

appi'opriation for, use of, 795. 

work, how carried out, 796. 
agriculture, encouraging, 786. 
appropriations for, how paid, 787. 

use of, 788. 
corporate name and powers, 773. 
donation of Purdue accepted. 770. 
extension department, 789. 
farmers' institutes conducted by, 790 

county council to appropriate, 791. 

funds, sale of script, contracts with donors, 785. 

gifts, acceptance of, 785. 

institutes, maintenance of, 785. 
gifts received by, for educational purposes, 799-806. 
institutes of technology, estabUshing, 785. 
investment of funds, 769, 784. 
location of university, 771. 

made permanent, 772. 
powers and duties of trustees, 773. 
Purdue, John, privilege of, 776. 
streets through groimds, 774, 775. 
students sent by counties, 782. 

rights and privileges of, 782. 

rights and privileges of, number allowed, 783. 
tax for, 368. 



INDEX. 423 



[References are to sections unless otherwise noted. 

PURDUE UNIVERSITY— Continued. 

technology, institute of, 785. 
trustees, who constitute first, 768. 

appointment of trustees, 778. 

by-Iaws and regulations, 773. 

compensation of instructors, 773. 

corporate name of trustees, 773. 

election of professors and teachers, 773. 

general powers of, 773. 

meetings and quorum, 773. 

obtaining and sale of script, 769. 

officers elected by, 781. 

president of board, 781. 

seal to be provided, 773. 

terms of trustees, 779. 

vacancies, filling of, 780. 



QUALIFICATIONS, 

of county superintendent, 27. 
of teachers, 124. 

R 

RATS, 

dissemination of diseases by. 201. 
extermination of. 201. 

REGISTRATION, 

professional and life licenses, pages 39, 40. 
state license in county where used, 38. 

RELIGIOUS DENOMINATIONS, 

use of schoolhouse by, 178. 

REPORTS, 

enumeration report, 55. 

state superintendent- of public instruction, 13. 

teacher to make, 122. 

REVENUES, 

See Taxation. 

RULES, 

adoption by state board, 24. 



SALARIES, 

See Wages, Teachers. 
county superintendents, additional, for, 31. 



424 INDEX. 

[References are to sections unless otherwise noted. 

SALE OF SCHOOL PROPERTY, 
by cities and towns, 109. 
sales legalized, 110. 

SCHOOL BOARDS, 

cities of first class, 287-343. 

cities of 45,000 to 55,000, 370-375. 

cities of 63,000 to 69,000, 344-352. 

may maintain school on Saturdays, 916. 

public playgrounds and baths, established by, 341-343 

SCHOOL BONDS, 

See Bonds; Funding Bonds. 
authorization for township debts, 105. 
issue legalized, 100. 
legalized, 103. 
sales legalized, 97. 



SCHOOL BOOKS, 



See Text-Books. 



SCHOOL BUILDINGS, 

old, disposition of, 186. 

old material, disposition of, 186. 

tearing down, 185. 

SCHOOL COMMISSIONER, 

in cities of first class, removal of, 318. 

SCHOOL DIRECTORS, 
duties, 142. 

SCHOOL FUND, 

See Apportionment; Common School Fund; Depositoeies; Public 

Funds; Taxation. 
amount of loan, interest, 480. 
appraisement of land for loan, 484. 
appropriation by council, 545. 
auditor, accounts to be kept of, 434. 
auditor advertises to loan, 461. 
auditor to issue quit claim deed, when, 547. 
board of county commissioners report to shoAV what, 537. 
board of county commissioners to report on, 536. 
county auditor to report to county commissioners, 535. 
county liability, 433. 

county treasurer to report to county commissioners, 535. 
distribution and report, 541. 
expense of making loan, 543. 

ferry, circus, traveling merchant, license. 429-431. 
hydrophobia fund from dog tax, 432. 
lands, account and distribution, 442. 



INDEX. 425 



[References are to sections unless otherwise -noted. 

SCHOOL FUND— Continued. 

accounts kept by auditor. 441. » 

appraisement for loan, 484. 

appropriation by county, 463. 

assignment of certificate, 467. 

ballots of election, 448. 

boundaries of township, 438. 

certificate of sale record, 464. 

certificate of vote, 450. 

cost of deed, title vested, 476. 

custody and care of, 435. 

deed to purchaser, 474. 

defective assignment, proceedings, 468. 

divided section, control, 437. 

each auditor to account, 443. 

enumeration of children, 440. 

failure of title, adjustment, 478. 

failure to pay, damages, 466. 

forfeited lands reappraisement, 462. 

forfeiture of contract, resale, 454. 

indorsement on certificate, 473. 
.leasing, 436. 

loan of purchase money, 469. 

lost certificate, proceedings, 471. 

notice of sale, 452. 

order of sale, 452. 
payment before due, 470. 
payment before resale, 455. 
petition, election, notice, 446. 
possession by purchaser, 465. 
private sale, 458. 
proceedings by trustee, 451. 
purchase money, where paid, 472. 
readjustment of accounts, 444. 
reappraisement of lands, 459. 
record of proceedings, 447. 
• sale by auditor legalized, 546. 
sale legalized, 475. 

sale of by particular corporation, 460. 
sale of school lands, 446. 
school township divided, 439. 
sale without vote, when, 477. 
suit for waste, 457. 
.surplus revenue lands, sale, 479. 
terms of sale, 453. 
timber, conditions, 453. 
trustee, power over lands, 445. 
" votes necessary for sale, 449. 
waste in case of forfeiture, 456. 



426 INDEX. 

[References are to sections unless otherwise noted.] 

SCHOOL FUND— Continued. 

who to make sale, 452. 
liability of auditor, 542. 
loan, acknowledgment and oaths, 503. 

acts supplemental, 533. 

amount of loan, 487, 492, 502. 

amount of loan, interest, 480. 

apportionment of loans, 539. 

appraisement of land, 484. 
, auditor to make loan, 483. 

bidding- in by auditor, 521. 

clerk of court to issue satisfaction of judgment, 516, 517. 

county borrowing, 495-499. 

county paying loan, deed, 526. 

deficiency on sale, suit, 518. 

duty of appraisers, 485. 

failure by auditor, penalty, 508. 

fees connected with loans, 506. 

form of mortgage, 510. 

form of note, 511. 

fund specified in mortgages, 509. . 

interest not paid, suit, 507. 

interest, rate of, 490. 

leasing of lands, 529. 

liens, certificates, 501. 

loan on mercantile land, 493. 

loan to nom'esidents, 486. 

manner of sale, 520. 

mortgages considered recorded, 504. 
. notice of sale, 519. " 

notice of unloaned funds, 481. 

oaths as to hens, 488. 

payment, quietus, 514. 

purchase by county, 528. 

recording deeds, 531. 

recording of mortgages, 505. 

record of deed, 523. 

renewal of loan, how made, 512. 

residents have preference, 486. 

sale by county, 530. 

sale legahzed, 532. 

sale of lands bid in, 522. 

satisfaction of mortgage by auditor when, 534. 

satisfaction on payment, 515. 
■ statement of sales, 524. 

subrogation of county, 527. 

time loan runs, 489, 494. 

title to lands bid in, 525. 

warrant to borrower, 513. 



INDEX. 427 

[References are io sections unless otherwise noted.] 

SCHOOL FUND— Continued. 

miscellaneous account of, 540. _ 

money in hands of county coroner to become part of, when, 428. 

notice of unloaned funds, 481. 

repeal of order, 544. 

transfer and distribution of, 426. 

unloaned funds, transfer, 500. 

what constitutes, 425. 

surplus dog tax, part of, 422. 

SCHOOLHOUSES, 

annexed territory, ownership, 190. 

bonds issued for construction of, 549-589. 

damages to, who responsible, 182. 

donations and bequest for, in unincorporated towns, 193-195. 

doors to swing outward, 214. 

fires, provisions to prevent, 221-231. 

fund collected for, how transferred, 213. 

heating, 216. 

light, heat, and janitor service provided by school board when used 

for other than school purposes, 180. 
location and removal of, 187-189. 
purchase of real estate for, appraisement, 205-208. 
removal and relocation of, 187-189. 
repairs and removal to be directed by school meeting's estimate of 

cost, 141. 
sale of land when schoolhouse moved, 183. 
sanitation, 215-218. 
school director to have charge of, 143. 
temperature required, 216. 
used for other than school purposes, 178. 
used for public gatherings, 179. 
use of town house by township, 220. 



See Lands. 



SCHOOL LANDS, 

SCHOOL MEETING, 
powers, etc., 140. 

SCHOOL OFFICERS, 

administration of oaths, 65. 
women eUgible to be, 66. 
women, to give bond, 67. 

SCHOOL OF MEDICINE, 

trustees of Indiana University to conduct, 766. 

SCHOOL PHYSICIAN, 
appointment, 155. 
duties, 156. 
qualifications, 155. 



428 INDEX. 

[References are to sections unless otherwise noted.] 

SCHOOL PROPERTY, 

See Libraries; Schoolhouses. 
eonveyanee of from civil to school township, 209, 210. 
janitors for, provided by school trustees, 77. 
petition for conveyance, 210. 

public improvements, liability for and former payment, 211, 212. 
purchase of real estate for schoolhouse, appraisement, 205-208. 
sale, how made, 184. 
school director to have charge of, 143. 
title to school lands, 176. 

SCHOOL REVENUES, 

disposition of surplus, 80. 

SCHOOLS, 

See Common Schools; High Schools; Indiana State Normal; 

Kindergartens ; Joint Schools ; Trade and Industrial Schools ; 

Universities; Vocational Schools. 
abandonment of, 271a-2711. 
alcohol, effect of, teaching, 137. 
arbor day, observance, 165, 167. 
arbor day, proclamation and observance, 165-167. 
bible not to be excluded, 130. 
bonds for additional funds, 193. 
branches taught, 136. 
colored children, how provided for, 134. 
consolidation of, 256-271. 

eonsohdation of, in towns and townships, 267-271. 
contagious diseases, 216. 
course of study in high school, 146, 147. 
defined, 146. 
directors' duties, 142. 
dismissed when, 216. 
donations, acceptance of, 196. 
donations, conditions, performance, 196-200. 
donations, issue and sale of bonds, 195. 
donations to build schoolhouse, 193. 
exclusion of pupUs by school du-ector, 144. 
fires, provisions to prevent, 221-231. 
flag on schoolhouse, 160. 
high school districts, 246-252. 
high school, donations for, 202. 
hygiene required to be taught in, 201. 

in annexed territory, cities and towns to assume debt of, 191, 192. 
indigent children, 135. 
joint schools, 234-255. 
joint township high school, 253. 
kindergarten, 150. 
kindergarten, tax for, 151. 



INDEX. 429 

[References are to sections unless otherwise noted.] 

SCHOOLS— Continued. 

medical inspection of children, 153. 

meetings, annually held, 138, 

meetings, districts, called out. 138. 

meetings, voters at, 138. 

military training, 173-175. 

night school, 171. 

petition to trustee, signers, 194. 

property, title to, 176. 

pupils, bodily uneleanliness, 216. 

pupils excluded from school, 216. 

real estate for, how purchased, 205-208. 

sale of lands not needed for experimental purposes, 460. 

sanitary conditions required, 217-219. 

sanitation, 214-216. 

school director, appeal from, 145. 

school director has charge of schoolhouse, 143. 

school director, visitation by, 144. 

schoolhouse, how sold, 183. 

petition to change, blank forms for proceedings in, pages 
347-349. 

removal and relocation of, 187-189. 

used for other than school purposes, 177-182. 

use for private school, 177. 
school meetings, powers, etc., 140. 
school month, what constitutes, 133. 
school property, how sold, 184. 
schools in session on Saturdays, 916. 
school week, what constitutes, 133. 
secret societies unlawful, 170. 
Star Spangled Banner, singing, 163. 
state flower, 169. 
state song, 168. 

street improvements, liability, 211. 
term, high school, continuance, 132. 
terms, length of school, 133. 

must be uniform, 131. 
township high school, how established, 254, 255. 
transfer of pupils, 271o-271q, 272-286. 
tuberculosis in, report of by school physician, 232, 233. 
vocational education, 376-403. 

vocational school in cities of first class, non-residents admitted to, 393. 
vocational township school, 397-399. 
who may attend night school, 172. 
schools, in cities of first class, additional high school bonds for, 395. 

property received in trust for, 394. 

school commissioners, 287. 

accountants to examine books of, 305. 

art association, payment to maintain, 329-335. 



430 INDEX. 

[References are to sections unless otherwise noted.] 

SCHOOLS— Continued. 

auditor, duties, 299, 304. 

bids, when required, 309. 

bonds, right to issue, 315. 

building and grounds fund, provisions for, 325. 

business director, duties, 298 

committees appointed by, 292. 

contracts by, how made, 307, 308. 

funding indebtedness, 310. 

general school laws applicable, 312. 

grounds and buildings, purchased by, 316. 

legislative acts of, 293. 

levy by, to pay debts, 319. 

limit of debt, 314. 

manual traiaing, how established, 321-323. 

may exercise, eminent domain, 317. 

medical inspection, provisions for, 336, 337. 

nomination and election, how, 289. 

organization, 291. 

powers, of, 327. 

property in trust, accepted for school purposes, 394. 

qualifications of, 288. 

removal of commissioner, 318. 

reports of appointments or discharges of teachers,etc., 297. 

superintendent, librarian, et al., duties, 296. 

superintendent, teachers, employees, etc., selected by, 
294, 295. 

taxes, powers as to levy, 324. 

tax le"\'y for real estate and schoolhouses, 311. 

terms, 290. 

treasurer to receive money, 306. 

validation of art association contract, 326. 

vocational education, non-residents admitted, 393. 
■ vocational education, provisions for, 393, 394. 

warrants, how issued, 300-303. 
trade and industrial schools, 338-340. 
schools, in cities of 45,000 to 55,000, school board, duties and powers 
of, 371-375. 

school board to have control of, 370. 
schools in cities of 55,000 to 63,000, school board, how elected, 355. 

school board, qualifications and salary, 354. 
schools in cities of 63,000 to 69,000, 

board of school trustees to have charge of,|347. 

general school laws applicable, 349. 

government of schools, 347. 

school board, how elected, 351. 

school board to establish public playgrounds, 344-346. 

school corporation in, distinct from civil corporation, 348. 

school board, qualifications, 350. 



INDEX. 431 

[References are to sections unless otherwise noted.] 

SCHOOL TOWNSHIP, 
how created, 64. 

SCHOOL TOWNSHIP DEBTS, 
legalized, 96. 

SCHOOL TRUSTEES, 
bonds, 73, 558. 

duration of school term maintainedjby, 76. 
enumeration taken by, who enumerated, 89, 90. 
how elected, terms begin when, 71b. 
in cities of second class, bonds issued by, 562-565. 
in townships, tOAvus and cities, general duties, 75. 
in towns, how elected, 114. 
in towns of not over 2,000 may issue bonds for school purposes, 

570-575. 
janitors for school property provided by, 77. 
kindergarten established by, 150. 

may issue bonds for grounds, building and repairs, 556. 
may issue bonds in towns of not over 1,000, 576, 577. 
may issue bonds in towns and cities of 1,000 to 5,000, 566-568. 
may make temporary loans in anticipation of current revenue, 560, 

561. 
may sell lands not needed for experimental purposes, 460. 
record of proceedings and revenue, 79. 
salaries, 71b. 
sale of property, 183. 
taxes levied by, to pay bonds, 557. 
term of office, 71b. 

title to school lands procured by, 176. 
to be clerk and treasurer of township, city or town, for school purposes, 

78. 
vacancies, how filled, 71b. 
women eligible to be, 66. 
women, to give bond, 67. 

SECRET SOCIETIES, • ^ ' 

organization unlawful in common^schools, 170. 

SEMINARIES, 

proceeds of sale of property part of school fund, 2. 

SOLDIERS AND SAILORS, 

enumerated list filed with clerk of court, 92. 
emimeration, 91. 

SPECIAL LICENSES, 

character and term, page 41. 

issuance jby state board of education, page 41. 

STAR SPANGLED BANNER, 
singing, 163. 



432 INDEX. 

[References are to sections unless otherivise noted.] 

STATE BOARD OF EDUCATION, 

determine average for teachers license, 40. 

duties, 126, 381. 

duties and powers, 24. 

examination questions furnished by, 38. 

may issue state certificates to teachers, page 39. 

hfe, page 40. 

professional, page 39. 

special, page 41. 
members, appointment of, 23. 
pay and mileage of, 26. 

state normal school, committee of three to visit, 639. 
state teachers' training board, to constitute, 643-648. 
text-books, duties in regard to, 590-606. 
to conduct teachers examination, 25. 
vocational education, duties in regard to, 380, 381, 403. 

STATE BOARD OF TRUANCY, 
composed how, duties, 616. 

STATE FIRE MARSHAL, 

duty, 227. 

STATE FLOWER, 
carnation, 169. 



STATE LIBRARIES, 



See LiBRAKY, State. 



STATE LIBRARY COMMISSION, 
advice given by, 853. 
furnish books to library association, when, 852. 

STATE NORMAL SCHOOL, 

admission to, conditions, 635. 

board of visitors for, 639. 

corporate name of, 627. 

gifts received by for educational purposes, 799-806. 

location of, 631. 

model school in, 633. 

no tuition fee required of residents of Indiana, 636. 

object of, 626. 

principle of management, 637. 

trustees for, appointment of, 627. 

contract for buUdiags, 632. 

duties of, 634, 638. 

may receive donations, 630. 

organization of, 629. 

salary, 641, 642. 

term of of&ee, 628. 

to issue diplomas and certificates, 640. 
validation by state superintendent, page 46. 



INDEX. 433 

[References are to sections unless otherwise noted.] 

STATE SONG, 

On tlie Banks of the Wabasli Far Away, 168. 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, 

appeal to, from decision of county superintendent, 34. 

appeal to, in matter of transfer of orphan pupils, 274, 282. 

assistant to, salary, 9a. 

common school hcense issued by, pages 41-46. 

county superintendent to report annually to, 55. 

deficiency in town or township revenue, 416. 

deputy to, salary, 9a. 

disposition of teachers' manuscript fees, 38. 

duties, 9a-22 

enumeration reported to, by county superintendent, 55. 

examination for common school license, 25. 

examination of school fund in each county, 55. 

Indiana University, a member of board of visitors, 678. 

may issue state certificates to teachers, 25. 

may prepare blanks and forms for reports, 18. 

may require reports to be made, 17. 

may revise teachers' success grades, 46. 

oath, 10. 

office at seat of government, 11. 

president of state board of education, 23. 

publishers to file text-books and bond with, 602. 

report to by county commissioners of common school fund, 437, 438. 

salary of, 9a. 

shall examine teachers manuscripts for high school license, 38. 

shall exercise supervision over school fund, 16. 

shall furnish journals, etc., to Ubraries, 20. 

shall keep record of fees and manuscripts received, 48. 

shall keep record of licenses issued to teachers, 48. 

shall make annual report to Governor, 16, 48. 

shall provide schedule of items for teachers' success grades, 22, 45. 

shall publish and distribute school laws, 19. 

shaU render opinions in writing, 11. 

shall report to general assembly, 13. 

supei-visor's license issued by, page 45. 

surplus revenue disposed of, how, 49. 

teachers' life certificates from other state to be countersigned by, 21. 

term of office, 10. 

to issue exemption license, page 46. 

transfer of pupils, payments adjusted by, 275. 

traveling expenses, 15. 

validation of licenses, page 46. 

STATE TEACHERS' TRAINING BOARD, 
how composed, duties, 643, 647. 



434 



N- IX. 



[References are to sections unless otherwise noted.] 



SUCCESS GRADES, 

applicant may appeal from decision of county superintendent to 

superintendent of public instruction, 46. 
by whom issued, 45. 
schedule for, 45. 

SUPERINTENDENT OF SCHOOLS, 

appointment and salaries in cities and towns, 81. 

SUPERVISOR, 

issuance of license by state superintendent, pages 45, 46. 
licenses, page 45. 

SWAMP LANDS, 

proceeds of sale part of school fund, 2. 



TAXATION, 

See School Funds, 

cities and towns to levy for interest and sinking fund, 555. 

cities, for library purposes, 837. 

constitutional limit, 9. 

educational institutions, tax for, 368. 

tor and to support town school, 367. 

for enforcement of truancy law, 620. 

for library purposes in cities of 15,000 to 30,000, 879. 

for vocational education, 400. 

in cities from 20,000 to 100,000 population, for teachers' 
pensions, 972. 

in cities from 55,000 to 60,000 population, for teachers' pension fund, 
96 L 

in cities of 30,000 for library purposes, 875. 

in cities of 100,000 or more for teachers' pension fund. 944. 

in cities of second class, to pay bonds. 565. 

in county for library purposes, 885. 

in township for library purposes, 842, 854, 867. 

local, how applied, 366. 

school trustees in towns of not over 2,000 may levy special tax for 
school purposes, 574. 

school trustees levy to pay bonds, 557. 

special school revenue, 363. 

special school revenue, assessment and collection, 364. 

special tax for bonds. 551. 

special tax in cities of 45,000 to 55,000,^373. 

state tax levy, 361. 

supplementary tuition fund, 365. 

towns, for library purposes, 837. 

township may levy' against civil and school township for school pur- 
poses, when, 583-589. 



INDEX. 435 

[References are to sections unless otherwise noted.] 

TAXATION— Continued. 

townships, for library purposes, 837. 

trustees may levy tax in towns and cities of 1,000 to 5,000 to pay 

bonds, 568. 
trustees may levy tax in towns of not over 1,000, 576, 577. 
unexpended balance, 369. 
uniformity of, 362. 

TAXES IN CITIES OF FIRST CLASS, 
for building and grounds, 324. 
for health inspection, 337. 
for industrial training, 323. 
for kindergarten fund, 324. 
for library fund, 324. 
for manual training fund, 324. 
for real estate and buUding, 311. 
for special school fund, 324. 
for teachers' pension fund, 324. 
power of school commissioners to levy, 324. 

TEACHERS, 

See License; Pensions. 
associations, attending, pay for, 129. 
compensation forfeited, when, 116. 
conditioned in two subjects upon examination, conditions removed, 

when, 40. 
contracts, blanks to be uniform, 121, 
contracts, form, pages 87, 89. 
contracts to be in writing, 120. 
dismissal of, 116, 118, 119. 

examination, applicants pass in what subjects, 39. 
examination, fee, 25. 
examination of, 127. 

examination, state board of education to conduct, 25. 
exempted from examination when, 43. 
fees for examination by state superintendent for common school 

license, page 43. 
grades issued by state superintendent, pages 41-46. 
institutes, attending, pay for, 129. 
insulting, etc., 128. 

license issued for common school by state superintendent, page 41. 
license, standards fixed by state board of education, 43. 
license, state board of education to grant, 25. 
minimum wages, 123. 

must teach and be examined on effects of alcohol, 117, 118. 
primary license issued by state superintendent, page 44. 
professional license issued by state board of education, page 39. 
qualifications of, 124. 
report to trustees, by, form, pages 88, 90. 
state license must be registered with county superintendent, 38. 



436 INDEX. 

[References are to sections unless otherwise noted.] 

TEACHERS— Continued. 

test of sight and hearing of children, 153. 
wages, daUy, 123. 

TEACHERS' INSTITUTES, 

county institute, 917. 

county treasurer to draw warrant for, 917. 

schools close for, 918. 

where and when held, 917, 919. 
township institutes, 915. 

teachers paid for attendance, 915. 

TEACHERS' LICENSE, 

See License. 

TEACHERS' SALARIES, 

contracts on professional or life licenses, page 40. 

TEMPORARY TEACHING PERMITS, 

by whom and how issued, 41. 

TERRE HAUTE, 

pensions for teachers, 959-969. 

TEXT-BOOKS, 

bids called for, 591. 

bond, amount, approved by whom, 602, 603. 

books to be uniformly used, 599. 

conditions governing sales and adoptions, 602. 

dealers and agents, appointment of, 606. 

embezzlement by officers, 596, 598. 

excessive charge, penalty, 595. 

for indigent children, 597. 

Governor issues proclamation, 594. 

high school books, 600. 

member of board not to have interest in adopted book, 591a. 

name on outside of book, 601. 

opening bids, 591a. 

penalty for violating act, 608. 

person, definition of, 607. 

price, governed how, 604. 

purchase of manuscript, 592. 

school cities, towns and townships may handle, 605. 

selection of, 590, 600. 

state not liable, 593. 

TOWNSHIP, 

See Consolidation op Schools. 
annexed territory, assumption of debt of, 
liability for debt, 191, 192. 

TOWNSHIP DEBT, 

certificates legalized, 102. 



INDEX. 437 

[References are to sections unless otherwise noted.] 

TOWNSHIP LIBRARY, 
board for, 855. 

board, members bow elected, 855. 

official documents and publications, procured bow,- 856. 
two or more adjacent townsbips may ixnite for, 855. 
voters may petition to bave tax levied for, 854. 

TOWNSHIP TRUSTEE, 

advisory board meetings, 810. 

trustee to report estimate of expenditures, 810. 
annual settlement witb advisory board, 814. 

nature of report, 814. 
appeals from, to county superintendent, 59. 
bond required of, 74. 
* clerk allowed for, 810. 

salary of clerk, 810. 
contents of annual report, 82. 
conveyance, 810. 

amount allowed for, 810. 
date of election, 68. ^ 

duration of school term maintained by, 76. 
emergency expenditures by, 812. 
enumeration taken by, and who enumerated, 89, 90. 
failure to make report, 83. 
failure to serve when elected, 85. 
financial record kept by, 813. 
manner of election, 69, 70. 
may bond civil and school townships for school purposes, when, 

583-589. 
may issue bonds to fund or refund indebtedness, 578, 579. 
may seU lands not needed for experimental purposes, 460. 
may succeed himself, 71a. 
new schoolhouse, specifications for, 815. 
notice, given by, 809. 

cost of notice, 809. 

of advisory board meeting, 809. 

of contracts to be awarded, 815. 

of proposed rates of taxation, 809. 
office rent, 810. 
pay of, 816. 

pay outstanding warrants, 107. 
record of proceedings and revenue, 79. 
remedy for neglect of duty, 84. 
school supphes, provisions for procuring, 815. 
teachers employed by, 75. 

teachers of private school in schoolhouse, to report to, 177. 
term begins when, 71. 

to be clerk and treasurer of township for school purposes, 78. 
to have care and custody of school lands, 435. 



438 INDEX. 

[Refe'rences are to sections unless otherwise noted.] 

TOWNSHIP TRUSTEE— Continued, 
transfer of funds, 113. 
women eligible to be, 66. 
women, to give bond, 67. 

TRADE AND INDUSTRIAL SCHOOLS IN CITIES OF 200,000 POPU- 
LATION, ■ 

maintenance and operation, 339. 

TRANSFER OF PUPILS, 

appeal to state superintendent when transfer denied, 274. 

duty of trustee, 271p. 

expense, how paid, 271q. 

orphans, 280-284, 624. 

outside of state, 285. 

reasons for transfer, 272. 

school trustee to transfer pupils instead of establishing high school, 75. 

settlement for transfer, 27 Iv, 277. 

to nearest school, 271o. 

to school corporation of 100,000, 278, 279. 

tuition, 273. 

tuition, refusal to make payment, 275. 

TRANSFERS, 

to approved vocational school, how made, 385. 

TRANSPORTATION OF PUPILS, 
age governing, 27 In. 

conveyances, specifications for, 271r. — 

drivers, duties and requirements of, 271t, 271u. 
drivers, qualifications of, 271s. 
expenses, how paid, 271m. 
expenses paid from what fund, 27 Iv, 277. 
penalty for violation of law, 27 Iw. 
prosecutor to enforce provisions, 27 Ix. 
where schools consolidated, 266. 

TRAVELING MERCHANT LICENSE, 

money for part of school fund, 429-431. 

TRUSTEES, 

See School Trustees. 
duty to produce records for inspection, 87. 
failure to make report, 83. 
inspection of books, papers, and accounts, 86. 
removal from office, 88. 

TRUSTEES IN CITIES AND TOWNS, 

contents of annual report, 82. 
failure to make report, 83. 



INDEX. 439 



[References are to sections unless otherwise noted.] 

TRUSTEES IN INCORPORATED TOWNS, 
how elected, 71b. 
salaries of, 71b. 
term of oflfice, 71b. 
vacancies, how filled, 71b. 

TUBERCULOSIS, 

provisions to prevent, 232, 233. 

U 

UNITED STATES FLAG, 

See Flag. 

UNIVERSITIES, 

See Indiana University, Purdue University. 



VALIDATION, 

hfe heense by state superintendent, page 46. 

state normal diplomas by state superintendent, page 46. 

VOCATIONAL EDUCATION, 

acceptance of Act of Congress for, 401-403. 

admission to schools, 385. 

advisory committee for, 384. 

appropriation for, 391, 400. 

cities and towns reimbursed for, conditions, 388. 

classes in, how divided, 378. 

compulsory attendance, conditions for enforcement, 386, 

co-operative schools for, 379. 

county agent, provisions for, 387. 

definition of, 376. 

deputies in charge, appointment of, 383. 

establishment of schools for, 377. 

in cities of first class, additional high school bonds for, 395. 

nonresidents admitted to, 393. 

property received in trust for, 394. 
in township high school, how established, 397-39^ 
state aid for, 389, 390. 
state board of education, duties, 381, 403.J 
state treasurer custodian of funds, 402. 
studies in, required in certain schools, 380. 

VOCATIONAL SUBJECTS, 

excepted_^from hfe license, page 40. 

VOTER'S MEETINGS, 

election of school director, 138. 



440 INDEX. 

[References are to sections unless otherwise noted.] 

W 

WAGES, TEACHERS, 
minimum for, 123. 
penalty for paying below rate, 125. 

WOMEN, 

bond, as school officers, 67. 
eligible to be school officers, 66. 



